Hyperlawhypertext legal database M. P. Smith & Sons Co. v. B. Koronsky & Son 123 N.Y.S. 950

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M. P. Smith & Sons Co. v. B. Koronsky & Son

123 N.Y.S. 950 Court N.Y. App. Term Decision date 1910-06-24 English

Delivered by SEABURY, J.

Contents

Majority

p. 950
M. P. SMITH & SONS CO. v. B. KORONSKY & SON.
(Supreme Court, Appellate Term.
June 24, 1910.)

Headnote

Courts (§ 190[1] )—Municipal Court—Process—Service on Managing Agent.
In an action in the Municipal Court against a corporation, wherein service of summons is claimed to have been made on a managing agent, if there is no competent proof of such agency, a judgment for plaintiff will be reversed on appeal taken under Municipal Court Act (Laws 1902, c. 580) § 311.
[Ed. Note.—Eor other cases, see Courts, Dec. Dig. § 190 ;* Appeal and Error, Cent. Dig. §§ 103, 3379%.]
Appeal from Municipal Court, Borough of Manhattan, First District.
Action by the M. P. Smith & Sons Company against B. Koronsky & Son. From a judgment for plaintiff, defendant appeals.
Reversed.
Argued before SEABURY, GUY, and BIJUR, JJ.
Horace London, for appellant.
McFarland, Taylor & Costello, for respondent.

This appeal is taken under section 311 of the Municipal Court act (Laws 1902, c. 580), upon the ground that the defendant was not served with a summons. The plaintiff claims that service was made upon one Louis Silverman, managing agent of the defendant corporation. The weakness of the plaintiff’s position is that there is no competent proof presented to show that Silverman was the managing agent of the defendant.

The judgment is reversed, and the complaint is dismissed, with costs. All concur.