Von Hesse v. Mackaye
New York Supreme Court
Appeals from special term, New York county. Action by Christian Von Hesse, as executor, etc., of James Mackaye, deceased, against Marie Louise Mackaye and others, to recover the possession of certain bonds of the defendants, the northern Pacific Railroad Company, the Chicago, Milwaukee & St. Paul Railroad Company, and the Union Pacific Railroad Company. Code Civil Proc.
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Appeals from special term, New York county. Action by Christian Von Hesse, as executor, etc., of James Mackaye, deceased, against Marie Louise Mackaye and others, to recover the possession of certain bonds of the defendants, the northern Pacific Railroad Company, the Chicago, Milwaukee & St. Paul Railroad Company, and the Union Pacific Railroad Company. Code Civil Proc. H. Y. § 438, subd. 5, provides that an order directing the service of a summons upon a defendant without the slate, or by publication, may be made “ where the complaint demands j udgment, that the defendant be excluded from a…
1Opinion of the CourtBarrett, J.
This is not an action in personam against Mrs. Mackaye to recover “a sum of money only,” as damages for a breach of contract, or for the wrongful conversion of, or other injury to, personal property. It is consequently not an action in which she could be proceeded against by attachment as a non-resident. The case for publication therefore, depends upon subdivision 5, § 438, of the Code of Civil Procedure; and the question is, does the complaint show a sufficient cause of action against Mrs. Mackaye with regard to “specific personal property within this state?” The subject of the action is 60…
2Cases cited1 opinion
- Bryan v. . University Pub. Co. of N.Y.New York Court of Appeals · 1889
3Cited by12 opinions
- Morgan v. . Mutual Benefit Life Ins. Co.New York Court of Appeals · 1907
- Bragg v. GaynorWisconsin Supreme Court · 1893
- Husband v. LinehanCourt of Appeals of Kentucky · 1916
- Trepagnier & Bros. v. RoseAppellate Division of the Supreme Court of the State of New York · 1897
- Miller v. JonesNew York Supreme Court · 1893
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