Civil Procedure Keyed to Marcus
Mullane v. Central Hanover Bank & Trust Co.
ProfessorBrittany L. Raposa
CaseCast™ – "What you need to know"
Facts
In March, 1947, Appellee filed a petition for the settlement of its first accounting, thus foreclosing any beneficiary from bringing an action for negligent management of the trust fund for the period covered by the settlement. In compliance with state law, Appellee published notice of the action on four occasions, listing the name and address of the trust company, the name and date of creation of the common trust fund, and a list of all included funds. The names of the beneficiaries were not included in the advertisements. Further, Appellee did not attempt any other method of personal service upon the beneficiaries, either resident or non-resident. Counsel for the beneficiaries (Appellant) made an appearance to object to the lack of personal jurisdiction. The United States Court of Appeals of New York overruled the objections that the statutory notice contravenes the requirements of the Fourteenth Amendment.
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