Silver v. Western Assurance Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the. defendant, The Western Assurance Company of Toronto, Canada, 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 24th day of February, 1896, vacating a former order made on default which set aside the service of the summons and complaint in the action, and denying defendant’s-motion to set aside such service.
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Appeal by the. defendant, The Western Assurance Company of Toronto, Canada, 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 24th day of February, 1896, vacating a former order made on default which set aside the service of the summons and complaint in the action, and denying defendant’s-motion to set aside such service. February 6, 1896, George A. Stearns made an affidavit entitled in the action wherein he stated in substance that he was the attorney' for the defendant in the action for the motion…
1Opinion of the Court
Williams, J.:
It is conceded here that the court at Special Term erred in plac-ing its decision upon the failure of defendant to make the designa-tion provided for in chapter 349 of the Laws of 1895. That act relates solely to Justices’ Courts, and has no application to courts-of record. The only question is whether the service was properly made by delivering copies of the summons and complaint to Blackwell, the agent of defendant, under subdivision 3 of section 432 .of the Code of Civil Procedure. That section provides that “ personal service of the summons upon * * * a foreign corporation…
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