Wood Selick v. . Ball
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered August 14, 1906, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term. This action was commenced on the 28th of November, 1904, in the County Court of Jefferson county. The following is a copy of the complaint, aside from the title and demand for judgment.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered August 14, 1906, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term. This action was commenced on the 28th of November, 1904, in the County Court of Jefferson county. The following is a copy of the complaint, aside from the title and demand for judgment. “ For a complaint against defendant, plaintiff alleges, that it is a foreign corporation, duly organized under the laws of the State of New Jersey, and having its…
1Opinion of the CourtVann, J.
The question presented by this appeal has led to some conflict of opinion. (Fuller v. Schrenck, 58 App. Div. 222; Welsbach Co. v. Norwich Gas & Electric Co., 96 App. Div. 52.) While we regard the conflict as now settled, a few words may remove a doubt which has arisen because we have held that the failure of the plaintiff to allege compliance with section fifteen of the General Corporation Law renders a complaint demurrable, and have also held that the failure to allege compliance with section 181 of the Tax Law does not render a complaint demurrable. ( Welsbach Co. v. Norwich Gas & Electric…
2Cases cited6 opinions
- Johnston v. . DahlgrenNew York Court of Appeals · 1901
- Charles Roome Parmele Co. v. HaasNew York Court of Appeals · 1902
- Welsbach Company v. . Norwich Gas and Electric CompanyNew York Court of Appeals · 1905
- Welsbach Co. v. Norwich Gas & Electric Co.Appellate Division of the Supreme Court of the State of New York · 1904
- W. P. Fuller & Co. v. SchrenkAppellate Division of the Supreme Court of the State of New York · 1901
1 more not listed; retrieve them via the Exa API.
3Cited by68 opinions
- David Lupton's Sons Co. v. Automobile Club of AmericaSupreme Court of the United States · 1912
- Bean v. . FlintNew York Court of Appeals · 1912
- Fuller v. CrockerNew Mexico Supreme Court · 1940
- Hot Roll Mfg. Co. v. Cerone Equipment Co.Appellate Division of the Supreme Court of the State of New York · 1972
- Redding Gold & Copper Mining Co. v. National Surety Co.California Court of Appeal · 1912
63 more not listed; retrieve them via the Exa API.