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Worcester v. Nordyke Marmon Company

Appellate Division of the Supreme Court of New York, Second Department
May 1, 1925
214 App. Div. 739 (N.Y. App. Div. 1925)

Opinion

May, 1925.


Order denying motion to vacate and set aside the service of the summons and complaint herein upon the defendant Nordyke Marmon Company reversed upon the law and the facts, with ten dollars costs and disbursements, and motion granted, with ten dollars costs. Reading the contracts and the affidavits, we conclude that the proof fails to establish either that the appellant is engaged in business in this State or that the defendant Marmon Automobile Company is its managing agent within the provisions of section 229 of the Civil Practice Act. ( Holzer v. Dodge Brothers, 233 N.Y. 216; Dollar Co. v. Canadian C. F. Co., Limited, 100 Misc. 564; affd., 180 App. Div. 895. See, also, Special Term opinion in Court of Appeals Record on Appeal in Ultramar Co. v. Minerals Separation, Ltd., sustained by that court in 236 N.Y. 647.) Kelly, P.J., Jaycox, Manning, Kelby and Kapper, JJ., concur.


Summaries of

Worcester v. Nordyke Marmon Company

Appellate Division of the Supreme Court of New York, Second Department
May 1, 1925
214 App. Div. 739 (N.Y. App. Div. 1925)
Case details for

Worcester v. Nordyke Marmon Company

Case Details

Full title:J. BLAINE WORCESTER, Respondent, v. NORDYKE MARMON COMPANY, Appellant…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: May 1, 1925

Citations

214 App. Div. 739 (N.Y. App. Div. 1925)