Seaboard Fruit Distributors, Inc. v. Carlton-Moore Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Carlton-Moore Co., Inc., appearing specially, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 21st day of May, 1921, confirming the report of a referee appointed by the court on defendant’s motion to vacate the service of the summons, to take and report evidence together with his opinion thereon with respect to whether the vice-president of the defendant was…
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Appeal by the defendant, Carlton-Moore Co., Inc., appearing specially, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 21st day of May, 1921, confirming the report of a referee appointed by the court on defendant’s motion to vacate the service of the summons, to take and report evidence together with his opinion thereon with respect to whether the vice-president of the defendant was in the State at the time of the service of the summons upon him in connection with the affairs of the defendant, and…
1Opinion of the Court
Laughlin, J.:
Plaintiff is a domestic corporation engaged in the business of buying and selling fruit and other produce, and the defendant is a Pennsylvania corporation engaged in the same line of business, and receives fruit and vegetables on consignment. The action is on contract to recover the balance alleged to be due and owing from the defendant to the plaintiff on a sale by the defendant for the account of the plaintiff of a quantity of apples. It does not appear where the contract was made. The summons was served at the Seneca Hotel in the city of Rochester, N. Y., on the 30th day of…
2Cases cited6 opinions
- Tauza v. . Susquehanna Coal Co.New York Court of Appeals · 1917
- Pennsylvania Lumbermen's Mutual Fire Insurance v. MeyerSupreme Court of the United States · 1905
- Robert Dollar Co. v. Canadian Car & Foundry Co.New York Court of Appeals · 1917
- National Furniture Co. v. William Spiegelman & Co.Appellate Division of the Supreme Court of the State of New York · 1921
- Berner v. Collier Co.Appellate Division of the Supreme Court of the State of New York · 1917
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Hartstein v. Seidenbach's, Inc.New York Supreme Court · 1927
- Meyer v. Sachs Manufacturing Co.Appellate Division of the Supreme Court of the State of New York · 1922
- Jones v. Stefco Steel Co.New York Supreme Court · 1925