Bennett v. Bird
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtCarswell, J.
Plaintiff began an action entitled against the six partners of Amory Browne & Company, 1928 Firm of Boston, Massachusetts. Two thus named as defendants are Amory and *543Meffert. Amory was not served with the summons and complaint. Meffert was so served and he served an amended answer. This amended answer Meffert also served upon Amory. It seeks a dismissal of the complaint, sets up two counterclaims, and in the event plaintiff recovers against him, Meffert seeks judgment against Amory.
Amory, appearing specially, moved to vacate Meffert’s service upon him and have it declared a nullity. From the…
2Cases cited3 opinions
- Kay v. . WhittakerNew York Court of Appeals · 1871
- Norton v. HayesNew York Supreme Court · 1847
- Joy v. WhiteNew York Supreme Court · 1889
3Cited by13 opinions
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- Martin v. United States Trust Co. of New York, Texas Court of Appeals, 5th District (Dallas)1985
- Siskind v. LevyAppellate Division of the Supreme Court of the State of New York · 1961
- State ex rel. Moak v. MooreMississippi Supreme Court · 1979
- Wings & Wheels Express, Inc. v. SisakNew York Supreme Court · 1973
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