National Bridge Works v. Atlas Const. Co.

Appellate Terms of the Supreme Court of New York

National Bridge Works v. Atlas Const. Co.

117 N.Y.S. 956

Appellate Terms of the Supreme Court of New York·Decided June 25, 1909·Published

Opinion

PER CURIAM.

Appeal from default judgment upon the ground that no service of the summons and complaint was made upon any proper officer or manager of the defendant corporation. It appears by the affidavit that the service of the summons and complaint was made upon one Walter J. Solomon as director, president, and treasurer of the defendant company. It is proven without contradiction that at the time of the service of the summons and complaint Walter J. Solomon was neither president, treasurer, secretary, nor director of the defendant corporation, and had no connection with the defendant in any manner.

Judgment reversed, with costs, and complaint dismissed.

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PER CURIAM.

Appeal from default judgment upon the ground that no service of the summons and complaint was made upon any proper officer or manager of the defendant corporation. It appears by the affidavit that the service of the summons and complaint was made upon one Walter J. Solomon as director, president, and treasurer of the defendant company. It is proven without contradiction that at the time of the service of the summons and complaint Walter J. Solomon was neither president, treasurer, secretary, nor director of the defendant corporation, and had no connection with the defendant in any manner.

Judgment reversed, with costs, and complaint dismissed.

National Bridge Works v. Atlas Const. Co., 117 N.Y.S. 956 (N.Y. Ct. App. 1909).

Pincite

117 N.Y.S. 956 (National Bridge Works v. Atlas Const. Co.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.