Legal Opinion

Wood & Selick v. Ball

Appellate Division of the Supreme Court of the State of New York

Decided July 12, 1906PublishedCited by 4 opinions

Appeal by the plaintiff, Wood & Selick, from a judgment of the County Court of Jefferson county in favor of the defendant, entered in the office of the clerk of the county of Jefferson on the" 29th day of December, 1905, upon a nonsuit directed-by the court.

1Opinion of the Court

Williams, J.:

The judgment should be affirmed, with costs.

The ground of the nonsuit was that the complaint did not state facts sufficient to constitute a cause of action. The plaintiff was a foreign corporation. The action was brought to recover the purchase price of “ Liquid Egg ” (so called), sold to defendant at the city of Watertown, 17. T. The complaint did not allege that the plaintiff had complied with section 15 of the General Corporation Law (Laws of 1892, chap. 687, as amd. by Laws of 1901, chap. 538*). The question was not raised by demurrer or answer, but by motion for nonsuit…

2Cases cited2 opinions

  1. Welsbach Company v. . Norwich Gas and Electric CompanyNew York Court of Appeals · 1905
  2. Welsbach Co. v. Norwich Gas & Electric Co.Appellate Division of the Supreme Court of the State of New York · 1904

3Cited by4 opinions

  1. Eclipse Silk Manufacturing Co. v. HillerAppellate Division of the Supreme Court of the State of New York · 1911
  2. Redfield v. First Nat. Bank of Brigham CityUtah Supreme Court · 1925
  3. Ac-tin-o-lyte Roofing Co. v. WernerAppellate Division of the Supreme Court of the State of New York · 1924
  4. Western Felt Works v. Modern Carpet Cleaning & Storage Corp.City of New York Municipal Court · 1931

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