Master Navigation Co. v. Great Circle Shipping Corp.

This traverse hearing is illustrative of the troubled waters encountered by those who choose to swim in the current of opinion which accepts an affidavit of service of a summons as an exception to the hearsay rule and admissible at trial as prima facie proof of the truth of its contents.

At issue here was whether the person concededly served was the president of the corporate defendant or clothed with actual or apparent authority by prior contractual relation*830ships and other activities to act as an authorized agent to accept service on behalf of the corporate defendant within the meaning of…