Smith v. Jackson

McAdam, Ch. J.

There are two Jacksons, “ Morris J.” and “ Meyer.” The plaintiff intended to sue and serve process upon <l Morris J.,” and claims that he has been properly served therewith. Moyer Jackson claims that process was served upon him, that he thereupon employed attorneys and defended under the name of “ Meyer Jackson sued as Morris J. Jackson,” and all the papers emanating from his attorneys are so entitled. It is apparent throughout that Solomon Kantrowitz & Esberg were appearing for “ Meyer ” Jackson, and not for “ Morris J.” Jackson. If Meyer Jackson was not the party intended to…