¶1The order in this case should be affirmed, on the authority of Munzinger v. Courier Co. (82 Hun, 575, 31 N. Y. Supp. 737.
¶2Order affirmed, with $10 costs and disbursements.
44 N.Y.S. 41
Olney v. Goodwin
Appellate Division of the Supreme Court of the State of New York
Decided March 5, 1897
Appellate Division of the Supreme Court of the State of New York · decided 1897-03-05
Action by Peter B. Olney, as receiver, etc., against Frank W. Goodwin. The action was commenced by service of summons describing plaintiff as “Peter B. Olney, Receiver.” The complaint as served on defendant’s attorneys described plaintiff as “Peter B. Olney, as Receiver of the Sargent Granite Company.” The complaint was returned for this variance, and defendant moved for dismissal for want of a complaint.
Decided 1897-03-05