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BENWARE v. ACME CHEM. CO.

284 A.D. 760 (1954)

Mamie Benware, as Administratrix of The Estate of Wilbur T. Benware, Deceased, Respondent, v. Acme Chemical Company, Inc., Appellant, et al., Defendant

Appellate Division of the Supreme Court of the State of New York, Third Department.

November 18, 1954.

Attorney(s) appearing for the Case

Francis H. Lawler for appellant appearing specially.

Kenneth H. Holcombe for respondent.

COON, HALPERN, IMRIE and ZELLER, JJ., concur.

BERGAN, J. P.

The question presented is whether jurisdiction has been acquired over defendant Acme Chemical Company, Inc., a foreign corporation, by service in New York. We are concerned first of all with the extent to which Acme was in New York at the time of service. It had no office, no bank account, and no property in the State; but it retained continuously in New York six full-time sales representatives who...

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