Legal Opinion

Padros v. Swarzenbach

Appellate Division of the Supreme Court of the State of New York

Decided November 17, 1909Published

Appeal by the defendants, Arthur Swavzcnbach and others, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Oneida on the 26th day' of March, 1909, upon the decision of the court rendered after a trial at the Oneida Trial Term, a jury having been waived.

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Appeal by the defendants, Arthur Swavzcnbach and others, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Oneida on the 26th day' of March, 1909, upon the decision of the court rendered after a trial at the Oneida Trial Term, a jury having been waived. The action was commenced on the 9th day of June, 1908, pursuant to sections 54 and 55 of the former Stock Corporation Law of the State of Hew York (Laws of 1892, chap. 688, as amd. by Laws of 1901, chap. 354), which, so far as applicable, have been revised into sections 57 and…

1Opinion of the Court

McLennan, P. J.:

On the 9tli day of May, 1908, the plaintiff obtained a summons from the City Court of Rome, H. Y., against the Empire State Engineering Company, and attached to the summons was a verified complaint setting forth his cause of action ; and said summons and complaint were served on one Henry A. Wilkes, who, the evidence tends to show, was an agent or general manager of said corporation. Plaintiff’s cause of action in the City Court of Rome was for services rendered by him to such corporation as a laborer and resulted in a judgment being rendered in his favor on the 18th day of…

2Cases cited2 opinions

  1. Crippen v. . HudsonNew York Court of Appeals · 1855
  2. Voight v. DreggeMichigan Supreme Court · 1893

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