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McMaster v. Gould

Court of Appeals of the State of New York
Jan 21, 1925
147 N.E. 214 (N.Y. 1925)

Summary

In McMaster v. Gould, 239 N.Y. 606, 147 N.E. 214, 40 A.L.R. 792, a statute providing for the substitution of a non-resident personal representative upon death of a non-resident defendant in an action in personam was held unconstitutional as depriving him of due process of law where there were no assets in the state.

Summary of this case from Riggs v. Schneider's Ex'r

Opinion

Argued November 25, 1924

Decided January 21, 1925

Appeal from the Supreme Court, Appellate Division, First Department.

Louis Marshall and James Marshall for appellants.

William Wallace, Jr., and George J. Gillespie for respondent.


Order affirmed, with costs, question certified answered in the negative; no opinion.

Concur: HISCOCK, Ch. J., CARDOZO, POUND, McLAUGHLIN, ANDREWS and LEHMAN, JJ. Absent: CRANE, J.


Summaries of

McMaster v. Gould

Court of Appeals of the State of New York
Jan 21, 1925
147 N.E. 214 (N.Y. 1925)

In McMaster v. Gould, 239 N.Y. 606, 147 N.E. 214, 40 A.L.R. 792, a statute providing for the substitution of a non-resident personal representative upon death of a non-resident defendant in an action in personam was held unconstitutional as depriving him of due process of law where there were no assets in the state.

Summary of this case from Riggs v. Schneider's Ex'r
Case details for

McMaster v. Gould

Case Details

Full title:HENRY W. McMASTER et al., as Receivers of the WABASH PITTSBURGH TERMINAL…

Court:Court of Appeals of the State of New York

Date published: Jan 21, 1925

Citations

147 N.E. 214 (N.Y. 1925)
147 N.E. 214

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