Jacobs v. Atlas Construction Co.
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan, Ninth District. Action by Myer Jacobs, doing business under the name and style of the Acme Press, against the Atlas Construction Company. From a judgment for plaintiff by default, defendant appeals.
1Per curiam
There seems to be no doubt that the summons was served on a person in no way connected with defendant corporation, and that defendant has not appeared, except for the purpose of this appeal, so that the court below never acquired jurisdiction over defendant. The practice of the latter in appealing from the judgment entered without service was proper, as no service of process was made on defendant (Swift & Co. v. Mutual Commission Co. [Sup.] 107 N. Y. Supp. 40; Iron Clad Mfg. Co. v. B. E. Smith & Sons, 28 Misc. Rep. 172, 59 N. Y. Supp. 332; Burkhard v. Smith, 19 Misc. Rep. 31, 42 N. Y. Supp.…
2Cases cited3 opinions
- Burkhard v. SmithAppellate Terms of the Supreme Court of New York · 1896
- Iron Clad Manufacturing Co. v. Benjamin E. Smith & SonsAppellate Terms of the Supreme Court of New York · 1899
- Swift & Co. v. Mutual Commission Co.Appellate Terms of the Supreme Court of New York · 1907
3Cited by1 opinion
- Weaver v. WeaverNew York Supreme Court · 1916