Penn Collieries Co. v. McKeever
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Edward J. McKeever, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York On the 31st day of December, 1903, upon the decision of the court rendered after a trial before the court without a jury at the New York Trial Term.
1Opinion of the Court
Patterson, J.:
The plaintiff, a foreign corporation, recovered a judgment against the defendant in an action for goods sold and delivered. The only-defense interposed was that at the time mentioned in the complaint the plaintiff was doing' business in the city of New York, where the contract of sale referred to in the complaint was made, and that at that time and prior thereto it had not procured from the Secretary of State of New York a certificate that it had complied “with all-the requirements of law to authorize it to. do business in this State,” and that by reason of the failure to obtain…
2Cases cited1 opinion
- Cummer Lumber Co. v. Associated Manufacturers' Mutual Fire InsuranceAppellate Division of the Supreme Court of the State of New York · 1901
3Cited by4 opinions
- Kirven v. Virginia-Carolina Chemical Co.Court of Appeals for the Fourth Circuit · 1906
- Advance Lumber Co. v. MooreTennessee Supreme Court · 1912
- W. H. Lutes Co. v. WysongSupreme Court of Minnesota · 1907
- West v. GrosvenorAppellate Division of the Supreme Court of the State of New York · 1905