Smith v. Fleming

Appellate Division of the Supreme Court of New York

Smith v. Fleming

244 A.D. 843

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMay 15, 1935

StatusPublished

This text of 244 A.D. 843 (Smith v. Fleming) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Smith v. Fleming, 244 A.D. 843 (N.Y. Ct. App. 1935).

Pincite

Opinion

Appeal by defendants from an order of Broome County Special Term of the Supreme Court, denying defendants’ motion to vacate and set aside the service of the summons and complaint herein. Pursuant to section 235 of the Civil Practice Act, service was made personally on the defendants without the State, the action being for the purpose of setting aside as void, on the ground of usury, a conditional sales contract covering an automobile truck. The complaint did not allege that the truck was in the State, but on the motion it appeared by plaintiff’s affidavit that said truck was within the State at all times between the date the complaint was verified and the date of the commencement of the [844]*844action. Order unanimously affirmed, with ten dollars costs and disbursements. Present — Hill, P. J., Rhodes, Crapser, Bliss and Heffeman, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

Appeal by defendants from an order of Broome County Special Term of the Supreme Court, denying defendants’ motion to vacate and set aside the service of the summons and complaint herein. Pursuant to section 235 of the Civil Practice Act, service was made personally on the defendants without the State, the action being for the purpose of setting aside as void, on the ground of usury, a conditional sales contract covering an automobile truck. The complaint did not allege that the truck was in the State, but on the motion it appeared by plaintiff’s affidavit that said truck was within the State at all times between the date the complaint was verified and the date of the commencement of the [844]*844action. Order unanimously affirmed, with ten dollars costs and disbursements. Present — Hill, P. J., Rhodes, Crapser, Bliss and Heffeman, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

244 A.D. 843, Counsel Stack Legal Research, https://law.counselstack.com/opinion/smith-v-fleming-nyappdiv-1935.