196 F. 254 | S.D.N.Y. | 1912
The contention that the defendant is or has been doing business in this state rests entirely upon the occurrences at the Automobile Exhibition at New York City in January, 1912, as shown by the affidavits. From them it appears that the defendant leased space at the Exhibition for showing automobiles of its manufacture; that this space was marked “Warren”- — that being the name of the defendant’s. car; that defendant owned one automobile chassis which was exhibited, and that the principal officers of the defendant were present at the Exhibition on several days conferring and consulting with the different persons including local sales agents. But the affidavits do not show that the defendant entered into any contracts at the time or sold any cars. The Empire City Auto Company seems to have owned the complete Warren cars which were on exhibition and to have been the corporation interested- in the exchange of cars referred to in the plaintiff's affidavits.
The motion to set aside the service of the summons is granted.