Yorkville Bank v. Henry Zeltner Brewing Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by William B. Sutherland, as temporary receiver of the property of The Henry Zeltner Brewing Company, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 2d day of February, 1903, denying the receiver’s motion to vacate and set aside a judgment theretofore entered in this action, the execution issued thereon and the levy made under said execution.
1Opinion of the Court
Ingraham, J.:
The plaintiff commenced this action to recover the amount due on a promissory note made by the defendant corporation and indorsed by the other defendants. The summons and complaint were alleged to have been served upon the defendant by delivering copies thereof, and leaving the same with William H. Zeltner, as president of the corporation, on the 4th day of February, 1902. On February 1,1902, three days before this alleged service, William H. Zeltner executed the following instrument:
“ I hereby resign my office as president of the Henry Zeltner Brewing Company, my resignation to…
2Cases cited1 opinion
- Zeltner v. Henry Zeltner Brewing Co.Appellate Division of the Supreme Court of the State of New York · 1903
3Cited by2 opinions
- Ross v. Western Land & Irrigation Co.District Court, S.D. Iowa · 1915
- Zeltner v. Henry Zeltner Brewing Co.Appellate Division of the Supreme Court of the State of New York · 1903