Doherty v. Evening Journal Ass'n
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Evening Journal Association, 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 30th day of August, 1904, denying the defendant’s motion to set aside the service of the summons and complaint herein.
1Opinion of the Court
Laughlin, J.:
The defendant, a New Jersey corporation, publishes at Jersey City a daily newspaper known as the Evening Journal, and the action is for a libel published therein. The summons was served on one Charles L. Downes in the city of New York. The affidavit of service is to the effect that Downes was the manager of the defendant; but upon the motion to vacate the service the plaintiff endeavored to uphold it upon the ground that he was cither the manager or the cashier. The affidavits of Downes and of the treasurer and general business manager of the defendant upon which the motion to…
2Cases cited2 opinions
- Vitolo v. Bee Publishing Co.Appellate Division of the Supreme Court of the State of New York · 1901
- Fontana v. Post Printing & Publishing Co.Appellate Division of the Supreme Court of the State of New York · 1903
3Cited by2 opinions
- Karosas v. Susquehanna Coal Co.Appellate Division of the Supreme Court of the State of New York · 1916
- Frankel v. Dover Manufacturing Co.Appellate Terms of the Supreme Court of New York · 1907