Jerome v. Flagg
New York Supreme Court
Appeal from special term, Westchester county; Dyeman, Justice. In an action by John L. Jerome against Wilbur W. Flagg, plaintiff obtained an order for the service of summons on defendant by publication on an affidavit,one portion of which was as follows: “(2) That the defendant, Wilbur W. Flagg, * * * is not a resident of the state of New York, but now resides in the city of Denver, in the state of Colorado, which Is his post-office address.
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Appeal from special term, Westchester county; Dyeman, Justice. In an action by John L. Jerome against Wilbur W. Flagg, plaintiff obtained an order for the service of summons on defendant by publication on an affidavit,one portion of which was as follows: “(2) That the defendant, Wilbur W. Flagg, * * * is not a resident of the state of New York, but now resides in the city of Denver, in the state of Colorado, which Is his post-office address. That his place of business is No. 19 Times Building, city of Denver, in the state of Colorado, that said defendant cannot, with due diligence, be served…
1Opinion of the CourtPratt, J.
This is an appeal from an order denying a motion to vacate an order of publication of summons based upon the ground that the affidavit was insufficient. The proof was clear and conclusive that the defendant was a. resident of Denver, and absolutely located there, and hence no amount" of diligence would avail to effect a personal service in this state. The case of Kennedy v. Trust Co., 101 N. Y. 487, 5 N. E. Rep. 774, is decisive of the question raised here. The expression in the affidavit of plaintiff’s attorney, “that said defendant cannot with due diligence be served personally within the…
2Cases cited1 opinion
- Kennedy v. New York Life Insurance & Trust Co.New York Court of Appeals · 1886
3Cited by3 opinions
- McCracken v. . FlanaganNew York Court of Appeals · 1891
- McCracken v. FlanaganNew York Supreme Court · 1889
- Salisbury v. CooperNew York Supreme Court · 1901