Appellate Terms of the Supreme Court of New York, 1912

Sherman v. Oelsner

Sherman v. Oelsner
Appellate Terms of the Supreme Court of New York · Decided May 27, 1912
135 N.Y.S. 592 (New York Supplement)

Counsel

Ralph James M. Bullowa (Aaron J. Levy, of counsel), for appellants., Barnett H. ICopelman, for respondent.

Sherman v. Oelsner

Opinion of the Court

PER CURIAM.

The summons in this action was never personally served upon either of these defendants, and they never appeared in the lower court in a manner sufficient to confer jurisdiction over the person. The service of the summons upon one Walter, as the agent of a copartnership, is unauthorized, and the defendants were not bound by such service.

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

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