Berner v. Collier Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Collier 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 8th day of September, 1917, denying its motion to vacate a judgment and to enjoin the sale under execution thereon of certain personal property.
1Opinion of the Court
Dowling, J.:
The summons and complaint herein were served personally upon John B. Davock, vice-president of the defendant company on July 26, 1917. The defendant is a foreign corporation, organized under the laws of the State of Ohio and having its principal place of business at Cleveland in that State, and is engaged in the sale of motor trucks. It was not licensed to do business in the State of New York and never has maintained any office for the transaction of business therein. For five months it had a salesman at Buffalo, who was paid no salary but a commission on sales consummated by him,…
2Cases cited2 opinions
- Tauza v. . Susquehanna Coal Co.New York Court of Appeals · 1917
- Robert Dollar Co. v. Canadian Car & Foundry Co.New York Court of Appeals · 1917
3Cited by3 opinions
- National Furniture Co. v. William Spiegelman & Co.New York Supreme Court · 1921
- Seaboard Fruit Distributors, Inc. v. Carlton-Moore Co.Appellate Division of the Supreme Court of the State of New York · 1922
- Berner v. Collier Co.Appellate Division of the Supreme Court of the State of New York · 1917