Hyperlawhypertext legal database Selrite Products, Inc. v. Mohawk Metal Toy Co. 206 A.D. 739

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Selrite Products, Inc. v. Mohawk Metal Toy Co.

206 A.D. 739 Court N.Y. App. Div. English

Delivered by Clarke, P. J. (dissenting):

Contents

Majority

p. 739
Selrite Products, Inc., Respondent, v. Mohawk Metal Toy Company, Inc., Appellant.

Headnote

Attachment,—jurisdiction of court to issue, before service of summons—domestic corporations.
Appeal from an order of the Supreme Court, made at the New York Special Term and entered in the New York county clerk’s office May 17, 1923, as resettled by an order entered May 22, 1923, denying defendant’s motion to vacate a warrant of attachment.
Order affirmed, with ten dollars costs and disbursements. No opinion. Present — Clarke, P. J., Smith, Merrell, McAvoy and Martin, JJ.; Clarke, P. J., dissenting.

It is quite evident from the papers that no diligent effort was made to serve the director who resided in Brooklyn and owned one-fourth of the stock of the company. One attempt was made during business hours, and no further attempt made during the hours when he could reasonably be supposed to be at his residence. I, therefore, dissent from the affirmance of this order.