Fridenberg v. Lee Construction Co.
City of New York Municipal Court
Appeal from order denying motion to set aside service of summons and complaint on the ground that Thomas A. Lee, upon whom the service thereof was made, was not at the time an officer-of the defendant corporation.
1Opinion of the CourtScouchman, J.
The summons and complaint were served upon Thomas A. Lee on March 10, 1899. He admits that on and prior to February 2, 1899, he was the president of the defendant corporation, but alleges that on that day an election was held, at' which he was not elected to any of the offices specified in subdivision 3 of section 431 of Code, but he fails to state whether any new officers were then elected, or give the names of the newly-elected officers, or that the newly-elected officers ever accepted office- or qualified.
In our judgment Lee should have stated the facts which effected, a change of…
Also in this document: Concurrence.
2Cases cited1 opinion
- Wamsley v. H. L. Horton & Co.New York Supreme Court · 1893