Legal Opinion
Leonard v. Merchants' Coal Co.
Court of Appeals for the Second Circuit
Decided June 29, 1908No. 132PublishedCited by 5 opinions
In Error to the Circuit Court of the United Stales for the Southern District of New York.
1Opinion of the Court
EACOMBE, Circuit Judge.
The cause of action set forth in the complaint was for commissions alleged to be due under a contract by which plaintiff was to act as sales agent for the defendant. The complaint was served with the summon. It contained no averments as to diversity of citizenship. Thereupon defendant served a general *886appearance.' Inasmuch 'as the complaint on its face did not state a. cause of. action withift the jurisdiction of the court, the general appearance did not cure that defect or operate to give the court jurisdiction. Subsequently, defendant demurred to the complaint on the…
2Cases cited2 opinions
- Sweet v. . TuttleNew York Court of Appeals · 1856
- Gardner v. . ClarkNew York Court of Appeals · 1860
3Cited by5 opinions
- Lehigh Valley Coal Co. v. YensavageCourt of Appeals for the Second Circuit · 1914
- Maya Corporation v. SmithDistrict Court, D. Delaware · 1929
- Chesapeake & O. Ry. Co. v. CoffeyCourt of Appeals for the Fourth Circuit · 1930
- Beneficial Industrial Loan Corp. v. KlineDistrict Court, S.D. Iowa · 1941
- Lehigh Valley Coal Co. v. YensavageCourt of Appeals for the Second Circuit · 1914