Legal Opinion

Lebanon Mill Co. v. Kuhn

City of New York Municipal Court

Decided December 20, 1932PublishedCited by 7 opinions

1Opinion of the CourtGenung, J.

The pleadings in this case are oral. Plaintiff sues for goods sold and delivered. Defendant pleads a general denial, and a defense and counterclaim based upon an alleged breach of warranty.

On the merits of the case plaintiff is entitled to recover.

Defendant has moved to dismiss the complaint, however, upon the ground, among others, that plaintiff, a foreign corporation, is debarred from suing in the courts of this State because of its noncompliance with the provisions of section 218 of the General Corporation Law.

Plaintiff is a Rhode Island corporation engaged in the manufacture and sale of…

2Cases cited11 opinions

  1. Penn Collieries Co. v. . McKeeverNew York Court of Appeals · 1905
  2. Furst & Thomas v. BrewsterSupreme Court of the United States · 1931
  3. International Fuel & Iron Corp. v. Donner Steel Co.New York Court of Appeals · 1926
  4. Brookford Mills, Inc. v. BaldwinAppellate Division of the Supreme Court of the State of New York · 1913
  5. Lederwerke v. CapitelliNew York Supreme Court · 1915

6 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. Netherlands Shipmortgage Corporation, Ltd. v. Mark Madias and Nicholas T.K. SkarvelisCourt of Appeals for the Second Circuit · 1983
  2. Stafford-Higgins Industries, Inc. v. Gaytone Fabrics, Inc.District Court, S.D. New York · 1969
  3. Azuma N v. v. SinksDistrict Court, S.D. New York · 1986
  4. Berkshire Engineering Corp. v. Scott-Paine, New York County Courts1961
  5. Manhattan Terrazzo Brass Strip Co. v. A. Benzing & SonsOhio Court of Appeals · 1943

2 more not listed; retrieve them via the Exa API.

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