Continental National Bank of Boston v. Thurber
New York Supreme Court
Appeal from special term, New York county. Action by the Continental National Bank of Boston against Horace K. Thurber and others. From an order denying a motion to vacate a judgment against defendant for $4,203.49, damages and. •costs, and from an order denying his motion to vacate an order permitting substituted service of summons, defendant Thurber appeals.
1Opinion of the CourtFollett, J.
This action was brought to recover of the appellant the amount due on a bill of exchange, dated January 18, 1893, drawn and payable at the city of New York, and indorsed by the defendant at that. city. When the bill was drawn, the defendant was, and has ever since remained, a resident citizen of this state. The summons in this action was issued August 10, 1893, and on the 23d of the same month an order for the substituted service of it on the defendant was granted, pursuant to section 435 of the Code of Civil Procedure. August 23, 1893, the summons and order were served on the defendant by…
2Cases cited2 opinions
- Hunt v. . HuntNew York Court of Appeals · 1878
- Rigney v. . RigneyNew York Court of Appeals · 1891
3Cited by19 opinions
- State ex rel. Andreu v. CanfieldSupreme Court of Florida · 1898
- Mabee v. McDonaldTexas Supreme Court · 1915
- Coler v. Corn Exchange BankNew York Court of Appeals · 1928
- In re McDonaldAppellate Division of the Supreme Court of the State of New York · 1929
- City of Buffalo v. HawksAppellate Division of the Supreme Court of the State of New York · 1929
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