Legal Opinion

Cleveland Mortuary Supply Co. v. Cox

Utica City Court

Decided December 31, 1947Published

1Opinion of the CourtLutz, J.

Plaintiff is a nonresident of this city and of this county. It is a foreign corporation. No claim is made that it has an office for the transaction of business within this county. It is, therefore, assmed that it has not such place of business (Gilbert v. York, 111 N. Y. 544; Yager v. Yager, 214 App. Div. 671).

Defendant is a nonresident of this city, but is a resident of this county. He lives in Rome, New York. The summons in this action was served upon him in Rome.

*913Defendant appeared specially and moved that the summons and service thereof he set aside and the complaint and action be…

2Cases cited5 opinions

  1. Gilbert v. . YorkNew York Court of Appeals · 1888
  2. Yager v. YagerAppellate Division of the Supreme Court of the State of New York · 1925
  3. Reichhold Chemicals, Inc. v. Schenectady Coating Corp., New York County Courts1940
  4. Reichhold Chemicals, Inc. v. Schenectady Coating Corp.Appellate Division of the Supreme Court of the State of New York · 1940
  5. Winslow v. RankAppellate Division of the Supreme Court of the State of New York · 1935

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