Perrine v. Ransom Gas Machine Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Ransom Gas Machine Company, 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 28th day of January, 1901, denying the defendant’s motion to set aside the service of the summons as not in compliance with section 432 of the Code of Civil Procedure, said defendant being a foreign corporation.
Read the full summary
Appeal by the defendant, The Ransom Gas Machine Company, 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 28th day of January, 1901, denying the defendant’s motion to set aside the service of the summons as not in compliance with section 432 of the Code of Civil Procedure, said defendant being a foreign corporation. It is alleged in the complaint that on or about the 15th day of January, 1900, in the city of New York, the plaintiff entered into a verbal agreement with the defendant company, a…
1Opinion of the Court
O’Brien, J.:
In regard to service of a summons on a foreign corporation, section 432 of the Code of Civil Procedure provides that it shall be made on certain officers specified in subdivision 1 or upon “ a person designated for the purpose by a writing * * * filed in the office of the Secretary of State; ” and by subdivision 3 of the same ■ section it is provided : “If such a designation is not in force or if neither the person designated nor an officer specified * * * can be found with due diligence, and the corporation has property within the State or the cause of action arose therein,”…
2Cited by4 opinions
- Vitolo v. Bee Publishing Co.Appellate Division of the Supreme Court of the State of New York · 1901
- Russell v. Washington Life InsuranceNew York Supreme Court · 1909
- Loeb v. Star & Herald Co.Appellate Division of the Supreme Court of the State of New York · 1919
- Vitolo v. Bee Publishing Co.Appellate Division of the Supreme Court of the State of New York · 1901