Winslow v. Staten Island Rapid Transit Co.
New York Supreme Court
Appeal from special term, New York county. Action by Francis A. Winslow, against the Staten Island Rapid Transit Company. From an order setting aside a service of summons upon the defendant, the plaintiff appeals.
1Opinion of the CourtVan Brunt, P. J.
The summons in this case was attempted to be served by delivery of a copy thereof to one Edward Curry at the office of the defendant, in the city of New York. The proof seems to indicate that the person served was the assistant treasurer of the defendant, although at the time of the service, when asked by the deputy-sheriff, he said he was the treasurer of the corporation. According to section 431 of the Code, personal service of a summons upon a defendant, being a domestic corporation, must be made by delivering a copy thereof within the state to the president or other head of the…
2Cited by15 opinions
- Beck v. North Packing & Provision Co.Appellate Division of the Supreme Court of the State of New York · 1913
- Eisenhofer v. New Yorker Zeitung Publishing & Printing Co.Appellate Division of the Supreme Court of the State of New York · 1904
- Felstead v. Eastern Shore Express, Inc.Superior Court of Delaware · 1932
- Baker v. New York Central RailroadAppellate Division of the Supreme Court of the State of New York · 1939
- Kramer v. Buffalo Union Furnace Co.Appellate Division of the Supreme Court of the State of New York · 1909
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