Zeltner v. Henry Zeltner Brewing Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Henry Zeltner Brewing Company, and by William B. Sutherland, as temporary receiver of the property of The Henry Zeltner Brewing Company, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 18th day of May, 1903, denying the defendant’s motion to vacate and set aside a judgment theretofore entered herein.
1Opinion of the Court
O’Brien, J..: •
The receiver of the defendant corporation moved to vacate and :set aside a judgment herein on the ground that the summons and complaint have never been served, on the defendant corporation. It appeared that the summons was served on a person who.had been president, but such service was made after he had resigned.
In Yorkville Bank v. Zeltner Brewing Co., No. 1 (80 App. Div. 578), where the same facts appeared, this court held that such a service was bad and did not confer jurisdiction, and accordingly vacated the judgment. Upon this question of service, therefore, as the same…
2Cases cited4 opinions
- Zeltner v. Henry Zeltner Brewing Co.New York Court of Appeals · 1903
- Chapuis v. LongAppellate Division of the Supreme Court of the State of New York · 1902
- Zeltner v. Henry Zeltner Brewing Co.Appellate Division of the Supreme Court of the State of New York · 1903
- Yorkville Bank v. Henry Zeltner Brewing Co.Appellate Division of the Supreme Court of the State of New York · 1903