Swift v. Matthews Engineering Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Matthews Engineering Co., from an order of the Supreme. Court, made at the Dutchess Special Term and entered in the office of the clerk of the county of Dutchess on the 27th day of February, 1917, denying its motion to set aside the service of the summons herein on the ground that the person served was not a proper person to be served under the provisions of section 432 of the Code of Civil Procedure.
1Opinion of the Court
Rich, J.:
The defendant, a foreign corporation having its principal place of business in the State of Ohio, is doing business here, although no certificate authorizing it to transact business in this State has been filed and no person designated upon whom service of process could be made. ■ The action is for services alleged to have , been rendered to the defendant and its predecessor, as a salesman in selling light and power plants. The defendant corporation is listed in the New York Telephone directory, under its corporate name, the location and place of business being given as its New York…
2Cases cited3 opinions
- Tauza v. . Susquehanna Coal Co.New York Court of Appeals · 1917
- International Harvester Co. of America v. KentuckySupreme Court of the United States · 1914
- Gursky v. . BlairNew York Court of Appeals · 1916
3Cited by4 opinions
- Tignor v. L. G. Balfour & Co.Supreme Court of Virginia · 1936
- Benware v. Acme Chemical Co.Appellate Division of the Supreme Court of the State of New York · 1954
- Mas v. Owens-Illinois Glass Co.District Court, E.D. Virginia · 1940
- Glynn v. Hyde-Murphy Co.Appellate Terms of the Supreme Court of New York · 1920