Persse & Brooks Paper Works v. Willet
The Superior Court of New York City
This action was commenced in April, 1858, by the plaintiffs, a corporation created under the laws of the State of Connecticut. After being at issue, it was noticed for trial by both parties, and in January, 1861, was tried, the jury disagreeing. The plaintiffs suspended business in February, 1861, and subsequently all their property passed into the hands of a receiver.
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This action was commenced in April, 1858, by the plaintiffs, a corporation created under the laws of the State of Connecticut. After being at issue, it was noticed for trial by both parties, and in January, 1861, was tried, the jury disagreeing. The plaintiffs suspended business in February, 1861, and subsequently all their property passed into the hands of a receiver. That the plaintiffs were a foreign corporation, appears to have been known to the defendant at the time of the commencement of the suit. A motion was now made by the defendant to set aside all the proceedings of the plaintiffs…
1Opinion of the CourtMonell, J.
Prior to the adoption of the Revised Statutes, it had frequently been held by the courts of this State, that a foreign corporation might sue therein. (Silver Lake Bank a. North, 4 Johns. Ch., 370 ; President, &c., of Lombard Bank a. Thorp, 6 Cow., 46.) The Legislature, in the provision incorporated into the Revised Statutes (2 Rev. Stat., 457, § 1), has merely enacted the common-law doctrine on this subject. It declares, that a foreign corporation, created by the laws of any other State or country, may, upon giving security for the payment of the costs of suit, prosecute in the courts of this…
2Cases cited3 opinions
- Silver Lake Bank v. NorthNew York Court of Chancery · 1820
- President v. ThorpNew York Supreme Court · 1826
- Bank of Michigan v. JessupNew York Supreme Court · 1837
3Cited by2 opinions
- Strong v. StrongThe Superior Court of New York City · 1865
- Strong v. StrongThe Superior Court of New York City · 1866