Appellate Division of the Supreme Court of New York, 1930

Ebsary Gypsum Co. v. Ruby

Ebsary Gypsum Co. v. Ruby
Appellate Division of the Supreme Court of New York · Decided March 15, 1930
228 A.D. 875
Ebsary Gypsum Co. v. Ruby

Opinion of the Court

Order affirmed, with ten dollars costs and disbursements, on the authority of Miller v. Jones (67 Hun, 281); Stevens v. Cady (14 How. [U. S.] 528); Gillett v. Bate (86 N. Y. 87), and Swindell v. Youngstown Sheet & Tube Co. (230 Fed. 438, 442). All concur, except Sears, P. J., and Crosby, J., who dissent and vote for reversal on the law, on the ground that the defendant Ruby was possessed of no property within the State of New York so *876as to justify substituted service of the summons upon him. Present — Sears, P. J., Taylor, Edgcomb, Thompson and Crosby, JJ.

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