Pomeroy v. Hocking Valley Railway Co.
New York Court of Appeals
Appeal, in each of the above-entitled actions, by permission, from an order of the Appellate Division of the Supreme Court in the first j udicial department, entered April 29, 1916, which affirmed an order of Special Term denying a motion to set aside service of summons and complaint.
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Appeal, in each of the above-entitled actions, by permission, from an order of the Appellate Division of the Supreme Court in the first j udicial department, entered April 29, 1916, which affirmed an order of Special Term denying a motion to set aside service of summons and complaint. The following questions were certified: ‘‘1. Do the facts appearing in the papers on the motion to set aside the service of the summons and the complaint herein show that the defendant was doing business within the state of New York at the time of the attempted service of the summons and complaint upon it ? 2.…
1Opinion of the CourtHiscock, J.
Each of these actions was brought to recover on a contract claimed to have been made by the defendant guaranteeing the payment of the principal and interest of certain coupon bonds issued by the Kanawah and Hocking Coal and Coke Company, and which contract and guaranty it is claimed were not observed and fulfilled in the case of certain bonds held by the plaintiffs.
Each action was commenced by the service of a summons and complaint in the state of Hew York upon a person who there resided and was the secretary of the defendant. Subsequently under an order to show cause a motion was made in…
2Cases cited6 opinions
- Green v. Chicago, Burlington & Quincy Railway Co.Supreme Court of the United States · 1907
- Goldey v. Morning NewsSupreme Court of the United States · 1895
- St. Louis Southwestern Railway Co. of Texas v. AlexanderSupreme Court of the United States · 1913
- Riverside & Dan River Cotton Mills v. MenefeeSupreme Court of the United States · 1915
- Bagdon v. Philadelphia & Reading Coal & Iron Co.New York Court of Appeals · 1916
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- Tauza v. . Susquehanna Coal Co.New York Court of Appeals · 1917
- Wiwa v. Royal Dutch Petroleum Co.Court of Appeals for the Second Circuit · 2000
- Bryant v. Finnish National AirlineNew York Court of Appeals · 1965
- Nordic Bank PLC v. Trend Group, Ltd.District Court, S.D. New York · 1985
- Holzer v. . Dodge BrothersNew York Court of Appeals · 1922
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