McKenna v. Harrington Co.

• Decision Date: 20 October 1924
• Docket Number: No. 32.,32.
• Citation: 126 A. 532
• Parties: McKENNA v. HARRINGTON CO.
• Court: New Jersey Supreme Court

126 A. 532

McKENNA

v. HARRINGTON CO.

No. 32.

Court of Errors and Appeals of New Jersey.

Oct. 20, 1924.

Appeal from Court of Chancery.

Suit by Sadie O'R. McKenna against the Harrington Company. From a decree for defendant, complainant appeals. Affirmed.

Vice Chancellor Fielder's opinion in the Court of Chancery is as follows:

"Without attempting to discuss the evidence presented by the respective parties, to establish whether complainant's place of residence was in this state, at Long Branch, or out of the state, at Mew York City, I shall say that I find she was a resident of Long Branch before, during, and after the month of July, 1918. Comp. Stat. p. 5137, par. 59, under which defendant attempted to make legal service on complainant of notice to redeem, for the purpose of cutting off her equity of redemption in the premises sold to defendant under tax sale, provides that the notice shall be served personally upon persons interested who reside in the taxing district, and personally, or by mailing, to their post office address, upon those who reside out of the district. Because complainant resided in the taxing district, it was necessary for defendant to make service on complainant personally, either within or without the taxing district, and the question for determination is: Was such personal service made?

"The Court of Errors and Appeals, in Wilson v. Trenton, 53 N. J. Law, 645, 23 A. 278, 16 L. R. A. 200, said concerning personal service as distinguished from official or judicial service, such as service of a summons in an action at law, and from substituted or constructive service, such as publication or posting, that personal service need not be made by an official, or in a particular mode. If the required notice be conveyed to the person to be affected thereby, it is sufficient, and that evidence of actual delivery to the party in person is conclusive proof of service.

"The complainant, in July, 1918, had a home in New York City, which she occupied during the greater part of the year. The uncontradicted proof on the part of the defendant is that on July 19, 1918, a notice to redeem in due form, inclosed in an envelope properly addressed to complainant at her New York City home, was registered by defendant's secretary at the Jersey City post office, for which registered letter such secretary received a receipt from the Jersey City postal authorities, bearing a registered letter number. Complainant, on her direct examination, made...