
    Henry L. Fridenberg, as Assignee, etc., Respondent, v. The Lee Construction Co., Appellant.
    (City Court of New York, General Term,
    May, 1899.)
    Summons — Service on the president of a corporation not set aside where he may he holding over.
    Service of a summons upon the president of a corporation, made on March 10, 1899, will not he set aside upon his affidavit stating that an election for officers of the corporation was held on and prior to. February 2,1899, and that he was not then elected to any of the offices specified in subdivision 3 of section 431 of the Code of Civil Procedure, as, in the absence of any statement that there was a change of officers .and that the new officers qualified, the president would hold over. " r
    
    Appeal from order denying motion to set aside service of summons and complaint on the ground that Thomas A. Lee, upon whom the service thereof was made, was not at the time an officer-of the defendant corporation.
    Lewis M. Thompson, for appellant.
    Arthur A. Michell, for respondent.
   Scouchman, J.

The summons and complaint were served upon Thomas A. Lee on March 10, 1899. He admits that on and prior to February 2, 1899, he was the president of the defendant corporation, but alleges that on that day an election was held, at' which he was not elected to any of the offices specified in subdivision 3 of section 431 of Code, but he fails to state whether any new officers were then elected, or give the names of the newly-elected officers, or that the newly-elected officers ever accepted office- or qualified.

In our judgment Lee should have stated the facts which effected, a change of officers, and whether the new officers qualified and accepted the offices. He will, in law, be the president of the corporation until his successor is elected and has qualified. Wamsley v. Horton & Co., 23 N. Y. Supp. 85; Palmer v. Pennsylvania Co., 35 Hun, 369.

■ Order appealed, from affirmed, with costs and disbursements..

O’Dwyeb, J., concurs.

Order affirmed, with costs and disbursements.  