Castell v. Sterling Fire Insurance
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan, First District. Action by Samuel Castell against the Sterling Fire Insurance Company. From a judgment by default for plaintiff, defendant appeals.
1Per curiam
Upon the return day of the summons in this action, the defendant appeared specially, and traversed the return upon the ground that no summons and complaint had been served upon it. Upon the issue thus raised there was evidence given, by the person upon whom the summons and complaint was served, tending to show that he was not one of the persons specified in section 31, subd. 1, of the Municipal Court act (Laws 1902, c. 580), upon whom a summons may be served when the defendant is a corporation. The trial justice, however, overruled the traverse, denied the defendant’s motion to set aside the…
2Cases cited4 opinions
- Austen v. Columbia Lubricants Co.Appellate Terms of the Supreme Court of New York · 1903
- Brown v. BouseAppellate Terms of the Supreme Court of New York · 1904
- Review & Record Co. v. GilbrethAppellate Terms of the Supreme Court of New York · 1909
- Levenson v. ArnoldAppellate Terms of the Supreme Court of New York · 1906
3Cited by2 opinions
- Burgess v. LasbyMontana Supreme Court · 1932
- Schaffer v. J. Lesowitz & Co.Appellate Terms of the Supreme Court of New York · 1911