Bain & Brickenhoff v. Globe Insurance
New York Supreme Court
Motion by defendants to set aside judgment and execution, on the ground that neither the summons nor complaint had been served upon them.
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Motion by defendants to set aside judgment and execution, on the ground that neither the summons nor complaint had been served upon them. It appears that the summons and complaint in this action were served on one George T. Bradley, of the city of New-York, an agent of the defendants: but whom the defendants asserted was not, and never had been the president, secretary, cashier, treasurer, or other head of the company, but was a subordinate agent or clerk of said company, and never had the management or control of its affairs, or any branch of its business. The plaintiffs showed that said…
1Opinion of the Court
Roosevelt, Justice.
The Code does not require that the service of a summons should be made exclusively “on the president or other head of a corporation.” It allows (even where there is such a “ head ”) a delivery “ to the secretary, cashier, or treasurer;” and the privilege has recently been extended to “ a director or managing agent;” in other words, to any agent to whom the term “ managing ” can properly apply. Mr. Bradley, who in this case received the summons, it is conceded, was an agent of the company; and the only question is, was he a managing agent. His office was to procure business…
2Cited by4 opinions
- Ruland v. Canfield Publishing Co.City of New York Municipal Court · 1889
- Mullins v. Metropolitan Life InsuranceNew York Supreme Court · 1894
- Grace v. Agricultural InsuranceNew York Supreme Court · 1937
- Place v. Butternuts Woolen & Cotton Manufacturing Co.New York Supreme Court · 1857