Steinhaus v. Enterprise Vending Machine Co.
Appellate Terms of the Supreme Court of New York
Appeal from an order of the Special Term of the City Court of the city of Flew York, granting the motion of William FI. Eunk to compel plaintiff’s attorney to accept service of his notice of appearance and answer.
1Opinion of the CourtFreedman, P. J.
This is an action against a foreign corporation for damages arising from a breach of warranty of certain machines. The summons and complaint were served on William A. Eunk, as managing agent of the defendant corporation, on October 29, 1902. Eunk served a notice of appearance and an answer by him, as “ the party on whom the summons and complaint herein was served.” The answer sets up a general denial and a plea of abatement to the effect that he is not an officer or agent of the defendant corporation, and has no interest in the cause of action set forth in the complaint. Immediately after…
2Cases cited4 opinions
- Mann v. CarleyNew York Supreme Court · 1825
- Miller v. StettinerThe Superior Court of New York City · 1861
- Lederer Amusement Co. v. PollardAppellate Division of the Supreme Court of the State of New York · 1902
- Barney v. Northern Pacific RailroadNew York Supreme Court · 1878
3Cited by2 opinions
- United States Bank v. City of KendallU.S. Circuit Court for the District of Kansas · 1910
- Garvey v. FalkCity of New York Municipal Court · 1908