Fleishner v. Sacks
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan, Eighth District. Action by Otto Fleishner against Irving Sacks. From judgment for plaintiff after trial of a traverse as to service of a summons, defendant appeals. Reversed, and complaint dismissed.
1Opinion of the CourtBijur, J.
It appears that the plaintiff took out a summons wherein the defendant was named as Paul Sacks. This summons was served on his brother, Irving Sacies, though the plaintiff testifies he sent the bill for the goods in Paul Sacks’ name because his dealings had been with Paul, and that he did not know that Paul was a salesman for Irving and that Irving was the principal. On the contrary, he claims that the two brothers are the owners of the store. On the return day of the summons, Irving Sacks filed an affidavit that he, and not Paul, had been served. On the trial of the traverse of service, at…
2Cases cited4 opinions
- Corn v. HeymsfeldAppellate Terms of the Supreme Court of New York · 1912
- Fassy v. JacobsNew York Supreme Court · 1911
- Fassy v. JacobsAppellate Terms of the Supreme Court of New York · 1911
- Jacobsohn v. SemelAppellate Terms of the Supreme Court of New York · 1911