Barbella v. Yale

The defendant, appearing specially, moves to vacate the service of process upon him.

The defendant was (and is) a resident of, and engaged in business in, Bradford, Pennsylvania, some 360 miles distant from New York City. The plaintiff, a New York resident, was employed by Suburban Driving Center, Inc., a New York firm. The plaintiff was agent for his company for the purpose of taking delivery of an automobile owned by the defendant and sold by the defendant to Suburban and to be transported by the plaintiff to New York. The defendant received from the plaintiff as payment a check drawn by…