Drew v. Northwestern Corp.

Appellate Terms of the Supreme Court of New York

Drew v. Northwestern Corp.

133 Misc. 706, 233 N.Y.S. 292, 1929 N.Y. Misc. LEXIS 683

CourtAppellate Terms of the Supreme Court of New York

DecidedMarch 7, 1929

StatusPublished

Cited by2 cases

This text of 133 Misc. 706 (Drew v. Northwestern Corp.) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Drew v. Northwestern Corp., 133 Misc. 706, 233 N.Y.S. 292, 1929 N.Y. Misc. LEXIS 683 (N.Y. Ct. App. 1929).

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Opinion

Per Curiam.

Service of the summons in this case on the foreign corporate defendant was made by delivery thereof to the person in whose possession property of the defendant was found available for attachment. Section 48 of the Municipal Court Code, in so [707]*707far as it authorizes such service upon a non-resident defendant, is unconstitutional. (Nerenberg v. Keith, 101 Misc. 551.) The fact that tangible property was levied on by the marshal would not change the situation. The test of the constitutionality of the statute is what might be done under its terms, not what was done in a particular case. , ***

Order reversed, with ten dollars costs, and motion granted, with ten dollars costs.

All concur; present, Lydon, Callahan and Peters, JJ.

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Per Curiam.

Service of the summons in this case on the foreign corporate defendant was made by delivery thereof to the person in whose possession property of the defendant was found available for attachment. Section 48 of the Municipal Court Code, in so [707]*707far as it authorizes such service upon a non-resident defendant, is unconstitutional. (Nerenberg v. Keith, 101 Misc. 551.) The fact that tangible property was levied on by the marshal would not change the situation. The test of the constitutionality of the statute is what might be done under its terms, not what was done in a particular case. , ***

Order reversed, with ten dollars costs, and motion granted, with ten dollars costs.

All concur; present, Lydon, Callahan and Peters, JJ.

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Bluebook (online)

133 Misc. 706, 233 N.Y.S. 292, 1929 N.Y. Misc. LEXIS 683, Counsel Stack Legal Research, https://law.counselstack.com/opinion/drew-v-northwestern-corp-nyappterm-1929.

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