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Castell v. Sterling Fire Insurance

126 N.Y.S. 692 Court N.Y. App. Term Decision date 1911-01-05 English

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p. 692
CASTELL v. STERLING FIRE INS. CO.
(Supreme Court, Appellate Term.
January 5, 1911.)

Headnote

Corporations (§ 668[1] )—Foreign Corporations—Process.
Service on a representative of a corporation authorized to do business in the state did not give jurisdiction over a foreign corporation not so authorized, for which the former corporation acted as agent.
[Ed. Note.—For other cases, see Corporations, Cent. Dig. §§ 2603-2627; Dec. Dig. § 668.*]
Appeal from Municipal Court; Borough of Manhattan, First District.
' Action by Samuel Castell against the Sterling Fire Insurance Company. From a judgment in favor of plaintiff, defendant appeals.
Reversed.
See, also, 125 N. Y. Supp. 788 .
Argued before GIEGERICH, BRADY, and GAVEGAN, JJ.
Louis H. Porter, for appellant.
Van Iderstine, Badger & Barker, for respondent.

The papers show that the person served was a representative of a corporation authorized to do business within the state, and which acts as the agent of the defendant, a foreign corporation not so authorized. While service on the person served might be said to confer jurisdiction over the corporation employing him, it is

p. 693
in no sense service on the defendant corporation; there being no provision in the Code that service on the agent is service on the principal.

Judgment reversed, with costs, and complaint dismissed, with costs.