Flynn v. Hudson River Rail Road
New York Supreme Court
Motion to set aside judgment, $fc., for irregularity. The action was brought to recover the value of a carpet bag and its contents, alleged to have been lost by one Sullivan, a passenger on the defendants’ road. The summons is in the usual form with a notice that upon the defendants’ failure to answer, the plaintiff will take judgment for $150 and interest.
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Motion to set aside judgment, $fc., for irregularity. The action was brought to recover the value of a carpet bag and its contents, alleged to have been lost by one Sullivan, a passenger on the defendants’ road. The summons is in the usual form with a notice that upon the defendants’ failure to answer, the plaintiff will take judgment for $150 and interest. The summons was served upon one Hotchkiss, a “ managing agent” of the defendants, having charge of the baggage department at their depot at East Albany, on the 17th of November 1851. The next day the defendants’ attorney served a notice of…
1Opinion of the Court
Harris, Justice.
It is very clear that the service of the summons upon Hotchkiss was not a sufficient commencement of the suit. He was not such a “ managing agent” as the legislature intended, when it authorized the summons to be served on a person holding that relation to the corporation. To authorize such a service, the agent must have the same general supervision and control of the general interests of the corporation that are usually associated with the office of cashier or secretary. It was never intended that a rail road corporation might be sued by serving process upon a baggage master.…
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