Legal Opinion · Dissent
Johnston v. MacFadden Newspapers Corp.
Appellate Division of the Supreme Court of the State of New York
Decided April 7, 1933Published
1Dissent
O'Malley, J. (dissenting):
Three questions are here presented. First, was the defendant properly served with process in this jurisdiction? If so, should the court retain jurisdiction of the cause of action contained in the original complaint? And finally, should the Special Term have permitted the service of a proposed amended complaint?
The plaintiff is a non-resident. The defendant corporation, organized under the laws of Delaware, has its principal place of business in Philadelphia, Penn. Objection to the service is predicated upon the contention that the defendant was not doing business…
2Cases cited5 opinions
- Youmans v. . SmithNew York Court of Appeals · 1897
- Gregonis v. Philadelphia & Reading Coal & Iron Co.New York Court of Appeals · 1923
- Claim of Di Ionna v. Terry & Tench Co.Appellate Division of the Supreme Court of the State of New York · 1922
- Currie v. International Magazine Co., Inc.New York Court of Appeals · 1931
- Sol Gerstein, Inc. v. New York Evening Journal, Inc.Appellate Division of the Supreme Court of the State of New York · 1932