New-York & Erie Railroad v. Purdy
New York Supreme Court
Motion by the plaintiffs for a new trial, upon exceptions taken at the circuit. • The action was brought to recover damages for the conversion by the defendants of a quantity of wood belonging to the plaintiffs and sold by the direction of the defendants upon an execution issued on a judgment obtained in a justice’s court, in favor of the defendants and against the plaintiffs.
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Motion by the plaintiffs for a new trial, upon exceptions taken at the circuit. • The action was brought to recover damages for the conversion by the defendants of a quantity of wood belonging to the plaintiffs and sold by the direction of the defendants upon an execution issued on a judgment obtained in a justice’s court, in favor of the defendants and against the plaintiffs. The defendants justified under such execution, and on the trial offered the docket of the justice’s judgment in evidence, from which it appeared that there was ño appearance by the defendants in that action, and that…
1Opinion of the Court
By the Court, Johnson, J.
The first question presented by the case is, whether the return of the constable gave the justice jurisdiction of the person of the defendants, in the suit before him. The return was “ personally served and by copy on E. L. Wentz, a managing agent of the defendants.” The defendants there were the present plaintiffs. It is conceded that a managing agent is a person upon whom process maybe properly served, and that service in fact upon him would be as effectual as upon the president, or any other officer. It is insisted, however, that the statement in the return, of the…
2Cases cited2 opinions
- Putnam v. ManNew York Supreme Court · 1829
- Fitch v. DevlinNew York Supreme Court · 1853
3Cited by11 opinions
- Waring v. McKinleyNew York Supreme Court · 1862
- Boynton v. Keeseville Electric Light & Power Co., New York County Courts1893
- Nichols v. Fanning, New York County Courts1897
- Daniels v. Southard, New York County Courts1898
- Darling v. The Protective Assurance Society, New York County Courts1911
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