Sunswick Land Co. v. Murdock
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Walter E. Murdock, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Queens on the lOtli day of July, 1908, upon the decision of the court rendered after a trial at the Queens County Special Term. The action was against the purchaser of real estate for specific performance of his contract of purchase: The plaintiff’s title came through a partition sale in Queens county.
1Opinion of the Court
Gaynor, J.:
The affidavit on which the order of service on the non-resident defendants was made was that one of the said defendants resides in Lehigh, state of Iowa, and the other in Victor, state of Colorado, naming them. These facts were certainly sufficient to enable the Judge to draw the conclusion that they could not be personally served in this state with due diligence. How could they % People as a rule stay where they reside. People living off in Iowa and Colorado do not often come to this state; most of them never do. Courts and Judges may base conclusions on reasonable or natural…
2Cases cited1 opinion
- McLaughlin v. McCannAppellate Division of the Supreme Court of the State of New York · 1907
3Cited by4 opinions
- Rose v. HellerAppellate Division of the Supreme Court of the State of New York · 1920
- Stanton v. EastmanNew York Supreme Court · 1909
- Carman v. BedellNew York Supreme Court · 1913
- Meyer v. JohnstonAppellate Division of the Supreme Court of the State of New York · 1908