Barrett v. American Telephone & Telegraph Co.
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the second judicial department, made February 10, 1890, which affirmed an order of Special Term denying a motion to vacate and set aside the service of the summons herein. The facts, so far as material, are stated in the opinion.
1Opinion of the CourtGray, J.
The defendant seeks to set aside the service of the summons in this action, for having been made upon its general superintendent. It is a domestic corporation, and, under section 431 of the Code, such a service, if not made upon the president, secretary, cashier, treasurer or a director, might be made upon its managing agent. It appeared from the affidavits, read on behalf of the defendant company, that the person served was the general superintendent of thé work of operating the lines of the company. It was said of him that he was given that title “ to distinguish him from superintendents of…
2Cited by21 opinions
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- Jacobs v. Zurich InsuranceAppellate Division of the Supreme Court of the State of New York · 1976
- Hotel Woodward Co. v. Ford Motor Co.Court of Appeals for the Second Circuit · 1919
- Ives v. Metropolitan Life InsuranceNew York Supreme Court · 1894
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