
    Robert H. Buchanan, Resp’t, v. Prospect Park Hotel Company.
    
      (New York City Court, General Term,
    
    
      Filed October 29, 1895.)
    
    Corporation—Service of process.
    The service oE a summons against a corporation, where it is made on a person who had been president of the corporation, but resigned his office before the service, is ineffectual. v
    Appeal from an order, denying a motion to vacate a judgment in favor of defendant, on the ground that the summons was not served on defendant.
    
      B. 0. Gonrady, for app’lt; Benno Loewy, for resp’t.
   Van Wyok, C. J.

The appeal is from an order denying motion to vacate judgment, on the ground that summons was not served upon defendant. The judgment was entered on October-23d, and the proof of service is that the summons and complaint, were served on the 16th on one Alexander, known to be the president of defendant. The plaintiff’s attorney was informed by one Doyle, attorney for Alexander, by letter and" orally, on the 22d, that Alexander had had no connection whatever with the defendant company for two months, when he had ceased to be an officer thereof by reason of his resignation as president; and plaintiff’s attorney now deposes that “he did not believe .in the bona ñdes of Alexander’s resignation when he saw Mr. Doyle, and does not believe in it now.” However, defendant’s proof on this motion is overwhelming and uncontradicted that Alexander had resigned as president in August, and that his successor was then elected, and that since then he had liad “no connection with, or right, title, or interest in, the defendant, directly or indirectly, either as a stockholder, officer, agent, clerk, or employe." The service on Alexander was not service on the defendant company, and the judgment should have been vacated.

Order reversed, with costs; and motion to vacate granted, with costs..  