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ANATOLE BUXHOEVEDEN, Appellant, v. ESTONIAN STATE BANK, Respondent, Impleaded with Another. (Appeal No. 2.)

Action for money had and received. Order granting motion of Johannes Kaiv, Acting Consul General of Estonia, appearing specially, to vacate the purported service of the summons and complaint on him, affirmed, with ten dollars costs and disbursements. No opinion. Lazansky, P.J., Hagarty, Johnston and Close, JJ., concur; Taylor, J., dissents and votes to reverse the order on the law and to deny the motion on the ground that upon the undisputed proofs, Johannes Kaiv was in legal effect a managing agent of the defendant bank, a foreign corporation organized and existing under the laws of the Republic of Estonia, within the purview of Civil Practice Act, section 229. Service of the summons and complaint upon him, therefore, was sufficient to give the court jurisdiction of the defendant in personam.

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BUXHOEVEDEN v. ESTONIAN STATE BANK
(Dec 30, 1942)