9 How. Pr. 448 | N.Y. Sup. Ct. | 1854
The Code does not require that the service of a summons should be made exclusively “on the president or other head of a corporation.” It allows (even where there is such a “ head ”) a delivery “ to the secretary, cashier, or treasurer;” and the privilege has recently been extended to “ a director or managing agent;” in other words, to any agent to whom the term “ managing ” can properly apply. Mr. Bradley, who in this case received the summons, it is conceded, was an agent of the company; and the only question is, was he a managing agent. His office was to procure business for the company in the city of New-York. He had full power to receive premiums and to issue, policies binding on the company ; and for that purpose was supplied, it appears, with an indefinite number of those instruments executed in blank. His functions were utterly unlike those of a mere clerk or porter, or baggage-master. Nor were they confined to a single insurance or any other single act. He had the entire management of the business of the company in the city of New-York, and could subject them to liabilities limited only by the extent of their capital. It seems to me quite clear, that, if such an officer be not a “ managing ” agent of the company, no other officer except the president can be, and that the term must be confined to a person occupying the position of “head of the
The summons in the present instance, it is admitted,- came to the hands of the company; and as no defence on the merits is pretended, and as the service was legally regular, the motion to vácate the judgment for want of jurisdiction must be denied.