Hiller v. Burlington & Missouri River Railroad
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the first judicial department, reversing an order of the Special Term, which set aside the service of the summons herein. This action was brought against defendant, a foreign corporation, to recover for services rendered under a contract between the parties, and also damages for a breach of the contract on the part of defendant.
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Appeal from order of the General Term of the Supreme Court, in the first judicial department, reversing an order of the Special Term, which set aside the service of the summons herein. This action was brought against defendant, a foreign corporation, to recover for services rendered under a contract between the parties, and also damages for a breach of the contract on the part of defendant. The nature of the contract and the facts in relation thereto are set forth in the opinion. The summons in the action was served upon one of defendant's directors who was temporarily within this state on…
1Opinion of the CourtEarl, J.
The defendant is a foreign corporation, and thu question to be determined is, whether the service of the summons upon one of its directors while he was temporarily in this State in the pursuit of his own business, was a sufficient commencement of this action.
I am not satisfied, from the papers before us, that the defendant had any property in this State, and hence this service was authorized, only in case the cause of action arose in this State. (Code, § 134- Gibbs v. Queen Ins. Co., 63 N. Y., 114.)
It is well stated by the learned counsel for the appellant to be an obvious principle, that…
2Cases cited2 opinions
- Gibbs v. . Queen Insurance Co.New York Court of Appeals · 1875
- Greene v. MayorNew York Court of Appeals · 1875
3Cited by8 opinions
- Goldey v. Morning NewsSupreme Court of the United States · 1895
- In re the Probate of Last Will of BonesteelAppellate Division of the Supreme Court of the State of New York · 1962
- Macario v. Alaska Gastineau Mining Co.Washington Supreme Court · 1917
- Bristol v. BrentUtah Supreme Court · 1910
- Grant v. Cananea Consolidated Copper Co.Appellate Division of the Supreme Court of the State of New York · 1907
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