G. P. Sherwood & Co. v. Artistic Marble Co.
Appellate Terms of the Supreme Court of New York
Appeal from City Court of New York. Action by G. P. Sherwood & Co. against the Artistic Marble Company. From an order granting a motion to set aside the service of summons, plaintiff appeals.
1Opinion of the CourtPage, J.
This action was brought in replevin against the defendant, which the complaint alleged to be a corporation. The summons and complaint were served on Adolf Lehecka on the 18th day of April, 1910, who moved to set aside the service on the ground that the defendant was not a corporation, and that he was not an officer, director, nor managing agent, nor in any way connected with any corporation known as the Artistic Marble Company.
It appears from the affidavit of Lehecka, read in support of the motion, that with one Krai he was engaged in business as copartners under the name of the Artistic…
2Cases cited3 opinions
- Munzinger v. Courier Co.New York Supreme Court · 1894
- Becker v. WoodcockAppellate Division of the Supreme Court of the State of New York · 1910
- Lederer Amusement Co. v. PollardAppellate Division of the Supreme Court of the State of New York · 1902