Place v. Butternuts Woolen & Cotton Manufacturing Co.
New York Supreme Court
THIS was an action commenced before a justice of the peace of Otsego county, to recover for work and labor. The defendant, by his answer, denied the complaint, and claimed to set off demands against the plaintiff.
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THIS was an action commenced before a justice of the peace of Otsego county, to recover for work and labor. The defendant, by his answer, denied the complaint, and claimed to set off demands against the plaintiff. On the trial the defendant moved the court to dismiss the action, on the ground, among others, that a brother of the justice was orte of the stockholders in the corporation which was the defendant, and offered to prove that such was the fácfc The justice refused to dismiss the action, and excluded the proof offered. The jury rendered a verdict for the plaintiff for $18.67, and…
1DissentBalcoh, J.
The return of the constable, indorsed upon the summons, is to the effect that the same was personally served by him on the 9th day of August, 1855, by delivering a copy of the same to James B. Morris, president of the company) and Stephen Estes, clerk. The return was sufficient to give the justice jurisdiction of the defendant. (The New York and Erie Rail Road Co. v. Purdy, 18 Barb. 574.) The service of the summons on the defendant’s clerk was a nullity; (5 Mow. Pr. Rep. 183 ; 6 id. 308;) but the service of it on the defendant’s president was all the service that the code requires. (Code, §…
2Cases cited4 opinions
- Edwards v. RussellNew York Supreme Court · 1839
- New-York & Erie Railroad v. PurdyNew York Supreme Court · 1854
- Bain & Brickenhoff v. Globe InsuranceNew York Supreme Court · 1854
- Bank of Lansingburgh v. McKieNew York Supreme Court · 1852