28 N.Y.S. 1030 | N.Y. Sup. Ct. | 1894
We think that Corcoran was a managing agent for defendant, Avithin the meaning of subdivision 3 of section 431 of the Code of Civil Procedure. He had the control, subject to the direction of the home office, of the district composing the cities of Troy and Lansingburgh, and vicinity, with 9 assistant superintendents and 62 subagents subject to his orders. In that district he had the entire superintendence of all the defendant’s business. It has been well settled that subdivision 3 of section 431, supra, means, not “the,” but “a,” managing agent, and hence a corporation may have different agents in different localities. Brayton v. Railroad Co., 72 Hun, 602, 603, 25 N. Y. Supp. 264; Palmer v. Pennsylvania Co.,
“All the servants of the company engaged in the promotion of the work in question were acting under his orders. The work was done under his personal supervision and direction. He was the managing agent of the defendant in respect to all matters local to the important division of which he was superintendent. * * * He was the officer who received from the chief authorities * * * all general orders pertaining to the management and operation of his division, and he must have been the officer chiefly relied upon to transmit to those authorities all information respecting its condition and requirements. He was the officer whose position, rank, and duties made it, in the language of the opinion in Palmer v. Pennsylvania Co., 35 Hun, 369, 99 N. Y. 679, ‘reasonably certain that the defendant will be apprised of the service ma.de.’ ”
See, also, Barrett v. Telegraph Co. (Sup.) 10 N. Y. Supp. 138; Id., 138 N. Y. 491, 34 N. E. 289.
We therefore conclude that the judgment of the county court should be affirmed, with costs. All concur.