Farrington v. Muchmore
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Gilson F. Farrington (named in the summons as George F. Farrington), from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 6th day of January,. 1900, granting a motion (made at the instance of attorneys appearing for the purposes of the motion only) to set aside the summons-herein, an order- for the substituted service of said summons,- and. the alleged service…
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Appeal by the plaintiff, Gilson F. Farrington (named in the summons as George F. Farrington), from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 6th day of January,. 1900, granting a motion (made at the instance of attorneys appearing for the purposes of the motion only) to set aside the summons-herein, an order- for the substituted service of said summons,- and. the alleged service thereof on the defendant.
1Opinion of the Court
Willard Bartlett, J. :
The true name of the plaintiff, is Gilson F. Farrington. His truéname appeared in the title of the order, for substituted service.- That order directed the service of a summons “ a copy of which is hereto-annexed.” In the annexed copy of the summons the plaintiff’s name was erroneously stated in the title as George F. Farrington.. On account of- this mistake, upon the application of the defendant through attorneys who appear for the purposes of the motion only,, the court at Special Term has set aside the order for substituted service ‘and all subsequent proceedings in…
2Cases cited3 opinions
- Bank of Havana v. . MageeNew York Court of Appeals · 1859
- Stuyvesant v. WeilAppellate Division of the Supreme Court of the State of New York · 1899
- Traver v. Eighth Avenue RailroadNew York Court of Appeals · 1867
3Cited by5 opinions
- Sultan of Turkey v. . TiryakianNew York Court of Appeals · 1915
- Simon v. UnderwoodCity of New York Municipal Court · 1908
- Farrington v. MuchmoreAppellate Division of the Supreme Court of the State of New York · 1900
- Farrington v. MuchmoreAppellate Division of the Supreme Court of the State of New York · 1900
- The Fitness Inst., Inc. v. HallacAppellate Division of the Supreme Court of the State of New York · 2020