Legal Opinion

Rundle Spence Manufacturing Co. v. Gainsborough Construction Co.

Appellate Terms of the Supreme Court of New York

Decided July 1, 1910PublishedCited by 2 opinions

Appeal from Municipal Court, Borough of the Bronx, -Second District. Action by the Rundle Spence Manufacturing Company against the Gainsborough Construction Company and another. From a judgment dismissing the complaint, plaintiff appeals.

1Per curiam

Plaintiff, a foreign corporation, sued upon a promissory note. The complaint was dismissed on the ground that the plaintiff failed to show compliance with section 15 of the general corporation law (Consol. Daws, c. 23) by procuring a certificate authorizing it to do business in the state. Plaintiff’s first witness testified as follows:

“Q. You are the president and manager of the plaintiff corporation? A. I am. Q. And you transact all the business for the plaintiff corporation in the state of New York in the city of New York'? A. I do.”

The cross-examination opens as follows:

“Q. Are you an…

2Cited by2 opinions

  1. Eagle Manufacturing Co. v. Arkell & Douglas, Inc.Appellate Division of the Supreme Court of the State of New York · 1921
  2. Alpha Portland Cement Co. v. Schratwieser Fireproof Construction Co.Appellate Division of the Supreme Court of the State of New York · 1911

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