Loucks v. Hallenbeck
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, John A. Loucks, as executor, etc., of George E. Loucks, deceased, from a judgment of the County Court of Albany county in- favor of the defendants, entered in the office of the clerk of the county of Albany on the 22d day of June, 1899, reversing a judgment in favor of the plaintiff, rendered by a justice ■of the peace.
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Appeal by the plaintiff, John A. Loucks, as executor, etc., of George E. Loucks, deceased, from a judgment of the County Court of Albany county in- favor of the defendants, entered in the office of the clerk of the county of Albany on the 22d day of June, 1899, reversing a judgment in favor of the plaintiff, rendered by a justice ■of the peace. On the 11th day of October, 1898, the justice of the peace, at the request of Orison L. Hannay, issued a summons directed to the defendants. The complaint was at that time filed with said justice, sworn to by the plaintiff before said Orison L. Hannay,…
1Opinion of the Court
Smith, J.:
From the opinion handed down in the court below, we learn that this judgment was reversed upon the ground that no jurisdiction was obtained of the defendants by reason of the fact that Orison L. Hannay, who served the summons, was not deputized at the plaintiff’s request. With this conclusion of the learned county judge we .are unable to agree. Hannay was plaintiff’s agent, had possession ■of the note, demanded its payment and commenced the action which was afterwards prosecuted by the plaintiff’s direction. From his ■evidence we think there fairly appears an authority to do what…
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