Foster v. McMorran

Order unanimously reversed on the law and facts, without costs, motion granted, and complaint dismissed. Memorandum: Defendant appeals from an order of Herkimer Special Term which denied his motion to dismiss plaintiffs’ complaint on the ground, inter alia, of lack of jurisdiction of his person. The appellant was sued individually and not as a State officer. The summons was not served on him personally but while he was temporarily absent from the State it was delivered to a person in his office who was not shown to have been designated by him to receive service on his behalf. Jurisdiction of…