Weston v. Citizens National Bank
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Charles Weston, as executor, etc., of Abijah Weston, deceased, from an order of the Supreme Court, made at the Erie Special Term and entered in the office of the clerk of the county of Cattaraugus bn the 13th day of February, 1901, vacating and setting aside the service of a summons, complaint and injunction on George H. Barlow, vice-president of the defendant.
1Dissent
Rumsey, J. (dissenting):
The defendant is a foreign corporation. One Barlow, who was its vice-president, had occasion on the 10th of September, 1900, to go to Little Valley in the county of Cattaraugus-as a witness to attend the trial of an action in which the respondent was defendant. While he was there, actually in attendance upon the court for that purpose, the summons and injunction order in this action were served upon him. A motion was made to vacate the service. There was considerable dispute as to the facts upon the motion, and the matter was referred to a referee to take proofs and to…
2Cases cited2 opinions
- Clark v. GrantNew York Supreme Court · 1829
- Sizer v. Hampton & Branchville Railroad & Lumber Co.Appellate Division of the Supreme Court of the State of New York · 1901