Ruland v. Canfield Publishing Co.
City of New York Municipal Court
Action by Manly A. Ruland against the Canfield Publishing Company on a promissory note made by defendant and indorsed by the payee to plaintiff. Defendant is a domestic corporation, and has its office in New York city. Its president and secretary attend at said office for the purpose of transacting the business of the company. The summons in the action was served on one Ernest Young, it being contended that he was the managing agent of defendant.
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Action by Manly A. Ruland against the Canfield Publishing Company on a promissory note made by defendant and indorsed by the payee to plaintiff. Defendant is a domestic corporation, and has its office in New York city. Its president and secretary attend at said office for the purpose of transacting the business of the company. The summons in the action was served on one Ernest Young, it being contended that he was the managing agent of defendant. It appeared that said Young was employed by defendant to attend to the publication of a periodical issued by it, its printing, binding, and mailing,…
1Opinion of the CourtHolme, J.
I have examined the papers and the testimony taken before the referee in this case with great care, and do not see my way to come to any other conclusion than that the person served was not the “managing agent” of the defendant, within the meaning of the Code. The testimony shows that he was a mere clerk. The officers of the company were present at its place of business when Young was served, and the reasons assigned for not serving one of them seem to be insufficient. The testimony that Young’s duties were limited, and that he acted upon instructions received immediately from the company’s…
2Cases cited2 opinions
- Brewster v. Michigan Central Rail RoadNew York Supreme Court · 1850
- Bain & Brickenhoff v. Globe InsuranceNew York Supreme Court · 1854
3Cited by4 opinions
- Roehl v. the Texas Co.California Court of Appeal · 1930
- Brayton v. New York, Lake Erie & Western RailroadNew York Supreme Court · 1893
- Faltiska v. New York, L. E. & W. RailroadThe Superior Court of the City of New York and Buffalo · 1895
- Faltiska v. New York, Lake Erie & Western RailroadSuperior Court of Buffalo · 1895