Behan v. Phelps
New York County Courts
In the autumn of 1895, and winter and spring of 1896, the Metropolitan Marble Company, a domestic corporation, having an office in the city of New York, was engaged in quarrying ston'e in the counties of Lewis and'St. Lawrence for building purposes. Its shop or mill for dressing the stone was located at Watertown, Jefferson county, and its principal business was transacted there and at Harrisville, Lewis county.
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In the autumn of 1895, and winter and spring of 1896, the Metropolitan Marble Company, a domestic corporation, having an office in the city of New York, was engaged in quarrying ston'e in the counties of Lewis and'St. Lawrence for building purposes. Its shop or mill for dressing the stone was located at Watertown, Jefferson county, and its principal business was transacted there and at Harrisville, Lewis county. J ames A. Phelps was a director and the treasurer of the company; and in August, 1895, he brought one John J. SuEivan, with him from New York to Watertown and Harrisville, placing him…
1Opinion of the CourtTurner, J.
The first question to be considered is the one touching the relation of Sullivan to the Metropolitan Marble’Company,; so far as it affected respondent or other third parties;
H he was the managing agent within the meaning of the statute when the summons herein was served,, that service Was proper and sufficient. § 2879 and § 431, subdiv. 3, Code- Civ. Pro.
*721After careful study and consideration of the affidavits and the oral testimony bearing on this question, I am led to the conclusion that at the time the summons was issued and served, Sullivan was, within the plain and obvious intendment of…
2Cases cited13 opinions
- Munn v. President & Directors of Commission Co.New York Supreme Court · 1818
- Attorney-General v. Guardian Mutual Life InsuranceNew York Court of Appeals · 1879
- Clapp v. . GravesNew York Court of Appeals · 1863
- Barrett v. American Telephone & Telegraph Co.New York Court of Appeals · 1893
- Dunning v. RobertsNew York Supreme Court · 1862
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