Legal Opinion

Holzer v. . Dodge Brothers

New York Court of Appeals

Decided April 18, 1922PublishedCited by 72 opinions

Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered October 20, 1921, which affirmed an order of Special Term denying a motion to vacate the service of a summons. The defendant in selling its cars at Detroit to dealers of New York state, who in turn sold the cars at their own terms and at their own risk, was not by reason of said facts doing business in New York state.

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Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered October 20, 1921, which affirmed an order of Special Term denying a motion to vacate the service of a summons. The defendant in selling its cars at Detroit to dealers of New York state, who in turn sold the cars at their own terms and at their own risk, was not by reason of said facts doing business in New York state. (Doe v. Springfield B. & M. Co., 104 Fed. Rep. 684; Barnes v. Maxwell M. S. Corp., 172 Ky. 409; Gottschalk v. D. & C. Feeding Co., 50 Fed. Rep. 681.)…

1Opinion of the CourtMcLaughlin, J.

This appeal is from an order of the Appellate Division, fourth department, unanimously affirming an order of the Special Term of the Supreme Court denying defendant’s motion to vacate the service of a summons upon one Charles W. Mathewson. Permission to appeal to this court was given and the following questions certified:

“ 1. Was the defendant at the time of the service of the summons herein, doing business within the state of New York, in such a sense and in such a degree as to subject it to the jurisdiction of the court of the state of New York, within the meaning of section 1780,…

2Cases cited8 opinions

  1. Tauza v. . Susquehanna Coal Co.New York Court of Appeals · 1917
  2. International Harvester Co. of America v. KentuckySupreme Court of the United States · 1914
  3. People's Tobacco Co. v. American Tobacco Co.Supreme Court of the United States · 1918
  4. Bagdon v. Philadelphia & Reading Coal & Iron Co.New York Court of Appeals · 1916
  5. Bethlehem Motors Corp. v. FlyntSupreme Court of the United States · 1921

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3Cited by72 opinions

  1. Frummer v. Hilton Hotels International, Inc.New York Court of Appeals · 1967
  2. Bomze v. Nardis Sportswear, Inc.Court of Appeals for the Second Circuit · 1948
  3. Miller v. Surf Properties, Inc.New York Court of Appeals · 1958
  4. Thomas v. Hudson Sales Corp.Court of Appeals of Maryland · 1954
  5. Yeckes-Eichenbaum, Inc. v. McCarthyNew York Court of Appeals · 1943

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