Wimpie v. Foster Machine Co.

Appellate Division of the Supreme Court of New York

Wimpie v. Foster Machine Co.

176 A.D. 903

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

DecidedJanuary 15, 1917

StatusPublished

This text of 176 A.D. 903 (Wimpie v. Foster Machine Co.) 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

Wimpie v. Foster Machine Co., 176 A.D. 903 (N.Y. Ct. App. 1917).

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Opinion

Per Curiam:

The defendant is a foreign corporation. The contract is not alleged to have been made nor was it to be performed within this State. Nor did the defendant have any property in the State. The party served with the summons was not an officer or managing agent of the corporation. The order should be reversed, with ten dollars costs and disbursements, and the motion to set aside the service of the summons granted, with ten dollars costs. Present — Clarke, P. J., Laughlin, Dowling, Smith and Page, JJ. Order reversed, with ten dollars costs and disbursements, and motion granted, with ten dollars costs.

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Per Curiam:

The defendant is a foreign corporation. The contract is not alleged to have been made nor was it to be performed within this State. Nor did the defendant have any property in the State. The party served with the summons was not an officer or managing agent of the corporation. The order should be reversed, with ten dollars costs and disbursements, and the motion to set aside the service of the summons granted, with ten dollars costs. Present — Clarke, P. J., Laughlin, Dowling, Smith and Page, JJ. Order reversed, with ten dollars costs and disbursements, and motion granted, with ten dollars costs.

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Bluebook (online)

176 A.D. 903, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wimpie-v-foster-machine-co-nyappdiv-1917.