Klopsch v. Atlas Const. Co.

Appellate Terms of the Supreme Court of New York

Klopsch v. Atlas Const. Co.

117 N.Y.S. 805

CourtAppellate Terms of the Supreme Court of New York

DecidedJune 25, 1909

StatusPublished

This text of 117 N.Y.S. 805 (Klopsch v. Atlas Const. Co.) 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

Klopsch v. Atlas Const. Co., 117 N.Y.S. 805 (N.Y. Ct. App. 1909).

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Opinion

MacLEAN, J.

At the time of the service of the summons and complaint on or about April 6, 1909, the person served informed the server that he was not, and for some time had not been, an officer of the defendant corporation, and the evidence discloses that said person had resigned as president, treasurer, and director on January 5,1909, at a meeting of the board of directors, and that a successor was elected. This may not be said to have been contradicted by "hearsay admission of such person, later in January, that he was the president of the defendant, which, appearing specially by counsel for the purpose of traversing the return, was entitled to prevail. This is not the forum for discussing whether the statutory method for effecting service upon corporations may be converted into an instrument by which a corporation may evade its creditor.

Judgment reversed, with costs to the appellant. All concur.

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MacLEAN, J.

At the time of the service of the summons and complaint on or about April 6, 1909, the person served informed the server that he was not, and for some time had not been, an officer of the defendant corporation, and the evidence discloses that said person had resigned as president, treasurer, and director on January 5,1909, at a meeting of the board of directors, and that a successor was elected. This may not be said to have been contradicted by "hearsay admission of such person, later in January, that he was the president of the defendant, which, appearing specially by counsel for the purpose of traversing the return, was entitled to prevail. This is not the forum for discussing whether the statutory method for effecting service upon corporations may be converted into an instrument by which a corporation may evade its creditor.

Judgment reversed, with costs to the appellant. All concur.

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Bluebook (online)

117 N.Y.S. 805, Counsel Stack Legal Research, https://law.counselstack.com/opinion/klopsch-v-atlas-const-co-nyappterm-1909.