Van Zandt v. Van Zandt
New York Supreme Court
At chambers. Action by William T. Van Zandt individually, and as executor of the will of Thomas Van Zandt, against Leopold Van Zandt, Marie A. Van Zandt, and Isabel Sanford, for an interpleader as to the conflicting claims of Marie, the divorced wife of Leopold Van Zandt, and Mrs. Sanford, his grantee, to property of Leopold Van Zandt derived under the will of Thomas Van Zandt, deceased.
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At chambers. Action by William T. Van Zandt individually, and as executor of the will of Thomas Van Zandt, against Leopold Van Zandt, Marie A. Van Zandt, and Isabel Sanford, for an interpleader as to the conflicting claims of Marie, the divorced wife of Leopold Van Zandt, and Mrs. Sanford, his grantee, to property of Leopold Van Zandt derived under the will of Thomas Van Zandt, deceased. Leopold Van Zandt and Isabel Sanford having- been summoned by publication, and a copy of the complaint and summons having been sent to them by mail, they appeared by attorney, and demanded copies of the…
1Opinion of the CourtO’Brien, J.
Section 479 of the Code provides that if a copy of the complaint is not delivered to a defendant at the time of the delivery of a copy of the summons to him, either within or without the state, his attorney may, at any time within 20 days after the service of the summons is complete, serve upon plaintiff’s attorney a written demand of a copy of the cdmplaint, which must be served within 20 days thereafter. The case of Skinner v. Skinner, 9 N. Y. Supp. 60, decided by Mr. Justice Andrews, holds that where the summons and a copy of the complaint were served without the state upon the defendant…
2Cases cited2 opinions
- Mackay v. Laidlaw & PondNew York Supreme Court · 1855
- In re the Estate of MillerNew York Surrogate's Court · 1889
3Cited by2 opinions
- Sanders v. People's Co-operative Ice Co.New York Supreme Court · 1904
- Kinley v. American Hardware Manufacturing Co.New York Supreme Court · 1906