Coler v. Pittsburgh Bridge Co.
New York Court of Appeals
Appeal from an order of the General Term of the Supreme Court, in the second judicial department, made February 18, 1895, which affirmed an order .of Special Term denying a motion by defendant, the Pittsburgh Bridge Company, to set aside and to vacate as to said company the service of a summons in the above-entitled action. The nature of the action and the facts, so far as material, are stated in the opinion. Curtis was not a managing agent within the meaning of the Code.
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Appeal from an order of the General Term of the Supreme Court, in the second judicial department, made February 18, 1895, which affirmed an order .of Special Term denying a motion by defendant, the Pittsburgh Bridge Company, to set aside and to vacate as to said company the service of a summons in the above-entitled action. The nature of the action and the facts, so far as material, are stated in the opinion. Curtis was not a managing agent within the meaning of the Code. (Taylor v. G. S. P. Assn., 136 N. Y. 343.) The service upon Curtis was invalid on general principles of interstate comity.…
1Opinion of the CourtGray, J.
The action was brought in equity to compel the South St. Paul Belt Railroad Company, one of the defendants, to specifically perform a certain contract made in the city of Hew York for the sale to the plaintiff of certain bonds issued by the city of South St. Paul, to aid in the construction of a bridge across the Mississippi river for the use of said railroad. It appears, after the contract had been entered into, that the railroad company sold the bonds, or some of them, to the Pittsburgh Bridge Company, another of the defendants in the action; a corporation organized and existing under the…
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