Suchar v. Rothenstein

109 N.Y.S. 1147
Appellate Terms of the Supreme Court of New York·Decided April 10, 1908·Published

Opinion

PER CURIAM.

The affidavits concerning the service of the summons are conflicting; but in view of all the circumstances, and particularly the fact that the note sued on has been destroyed through the instrumentality of plaintiff, we are not convinced that personal service of summons upon the defendant Smith was ever made. The judgment must be reversed, with costs.

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Suchar v. Rothenstein, 109 N.Y.S. 1147 (N.Y. Ct. App. 1908).

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