Martin v. New Trinidad Lake Asphalt Co.

The referee finds that at the date of the service of the summons the defendant was not doing business in the state of New York, and had no office for the transaction of business therein. These findings are fully justified by the proofs.

The report of the referee is confirmed and the motion to set aside service of the summons is granted. Conley v. Mathieson Alkali Works, 190 U. S. 406, 23 Sup. Ct. 728, 47 L. Ed. 1113.