Baker v. Wales
The Superior Court of New York City
Appeal from order vacating and setting aside service of summons. The action was brought by George A. Baker and William W. Baker, against Henry Wales. The facts are stated in following opinion delivered at special term: Sedgwick, J. — The facts seem to be that the plaintiffs kept in their office parcels of summons, with places left blank for defendants’ names and amounts to be claimed.
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Appeal from order vacating and setting aside service of summons. The action was brought by George A. Baker and William W. Baker, against Henry Wales. The facts are stated in following opinion delivered at special term: Sedgwick, J. — The facts seem to be that the plaintiffs kept in their office parcels of summons, with places left blank for defendants’ names and amounts to be claimed. The inference is, that if a business interview were not satisfactory, service of summons would follow, after the blanks had been filled up. On January 19, one of the plaintiffs wrote to defendant, who lived in…
1Opinion of the Court
By the Court.—Freedman, J.
The court below found, upon evidence somewhat conflicting, that deceit had been used for the purpose of bringing defendant within the jurisdiction of this court. We have carefully examined the evidence, and deem it amply sufficient to sustain such finding. The service of the summons was therefore properly vacated and set aside (Carpenter v. Spooner, 2 Sandf., 716).
The order must be affirmed, with costs.
Monell and Curtis, JJ., concurred.
In Lagrave’s Case (Supreme Court, First District, at Chambers and Special Term, July and September, 1878), the rule that a party…
2Cases cited23 opinions
- Ex Parte KearneySupreme Court of the United States · 1822
- United States v. CoombsSupreme Court of the United States · 1838
- In re ClarkNew York Supreme Court · 1832
- Williams v. BaconNew York Supreme Court · 1834
- People v. HulbutNew York Supreme Court · 1847
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