Legal Opinion

Loeb v. Star & Herald Co.

Appellate Division of the Supreme Court of the State of New York

Decided April 4, 1919PublishedCited by 12 opinions

Appeal by the defendant, The Star & Herald Company, Inc., 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 6th day of November, 1918, denying its motion to set aside the service of the summons and complaint herein.

1Opinion of the Court

Laughlin, J.:

I am of opinion that George T. Green, upon whom the summons and complaint were served, was not a managing agent of the defendant within the provisions of section 432, subdivision 3, of the Code of Civil Procedure, quoted in the opinion of Mr. Justice Merrell.

The libel was published and the cause of action arose in Panama where the defendant was incorporated and conducted the business of publishing two newspapers, one in the English language and one in Spanish. It did no business here excepting that through one Carlos K. Duque. It solicited and took advertising here to be…

2Cases cited8 opinions

  1. Tauza v. . Susquehanna Coal Co.New York Court of Appeals · 1917
  2. Grant v. Cananea Consolidated Copper Co.New York Court of Appeals · 1907
  3. Coler v. Pittsburgh Bridge Co.New York Court of Appeals · 1895
  4. Vitolo v. Bee Publishing Co.Appellate Division of the Supreme Court of the State of New York · 1901
  5. Barrett v. American Telephone & Telegraph Co.New York Court of Appeals · 1893

3 more not listed; retrieve them via the Exa API.

3Cited by12 opinions

  1. McDonald v. Ames Supply Co.New York Court of Appeals · 1968
  2. Goetz v. Interlake S. S. Co.District Court, S.D. New York · 1931
  3. Derrick v. Drolson Co. Inc.Supreme Court of Minnesota · 1955
  4. Jacobs v. Zurich InsuranceAppellate Division of the Supreme Court of the State of New York · 1976
  5. Cohen v. American Window Glass Co.District Court, S.D. New York · 1941

7 more not listed; retrieve them via the Exa API.

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