Summary
In McMaster v. Gould, 239 N.Y. 606, 147 N.E. 214, 40 A.L.R. 792, a statute providing for the substitution of a non-resident personal representative upon death of a non-resident defendant in an action in personam was held unconstitutional as depriving him of due process of law where there were no assets in the state.
Summary of this case from Riggs v. Schneider's Ex'rOpinion
Argued November 25, 1924
Decided January 21, 1925
Appeal from the Supreme Court, Appellate Division, First Department.
Louis Marshall and James Marshall for appellants.
William Wallace, Jr., and George J. Gillespie for respondent.
Order affirmed, with costs, question certified answered in the negative; no opinion.
Concur: HISCOCK, Ch. J., CARDOZO, POUND, McLAUGHLIN, ANDREWS and LEHMAN, JJ. Absent: CRANE, J.