Legal Opinion
William H. Sawyer Lumber Co. v. Bussell
New York Supreme Court
Decided January 18, 1895PublishedCited by 3 opinions
Appeal from special term, New York county. Action by William H. Sawyer Lumber Company against Edward Bussell and others. From an order vacating a warrant of attachment, plaintiff appeals.
1Opinion of the CourtO’Brien, J.
It appeared in the affidavit on which the attachment was obtained that the plaintiff was a foreign corporation, but was doing business in this state, and that the transaction out of which the action arose occurred in this state. The motion to vacate was upon the ground that there was no evidence that the plaintiff had obtained the certificate required by section 15 of chapter 087 of the Laws of 1802, and that, therefore, the warrant of attachment should not have been issued. This section provides:
“No foreign stock corporation other than a monied corporation shall do business in this state…
2Cases cited2 opinions
- Smith v. Union Milk Co.New York Supreme Court · 1893
- Oliver v. Walter Heywood Chair Manufacturing Co.New York Supreme Court · 1890
3Cited by3 opinions
- Nicoll v. ClarkNew York Court of Common Pleas · 1895
- Herzberg v. BoiesenCity of New York Municipal Court · 1897
- German-American Inv. Co. v. HayesNew York Supreme Court · 1895