Harriott v. New Jersey Railroad & Transportation Co.
New York Court of Common Pleas
Appeal by the plaintiff from an order at Special Term, setting aside two judgments for costs awarded to the defendant. The action was brought to recover damages against the defendants, a foreign corporation, for negligently and carelessly killing the plaintiff’s horse in Yew Jersey. The plaintiff ivas a non-resident, but this fact did not appear in the pleadings. After issue joined the defendants obtained an order to compel plaintiff to file security for costs.
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Appeal by the plaintiff from an order at Special Term, setting aside two judgments for costs awarded to the defendant. The action was brought to recover damages against the defendants, a foreign corporation, for negligently and carelessly killing the plaintiff’s horse in Yew Jersey. The plaintiff ivas a non-resident, but this fact did not appear in the pleadings. After issue joined the defendants obtained an order to compel plaintiff to file security for costs. On the trial of the cause, the plaintiff admitting that he was a non-resident, the defendant moved to dismiss the complaint on the…
1Opinion of the Court
Brady J.
The defendants, though a foreign corporation could be sued in this Court by a resident of the State, for any cause of action, and by a plaintiff not a resident of the State, when the cause of action arose or the subject of the action was situate within this State. (Code, § 427.) The plaintiff being a resident of New Jersey, sued the defendants in this Court upon a cause of action arising in New Jersey, and when the fact of his residence in that State was disclosed at the commencement of the trial, the complaint was dismissed for want of jurisdiction. The plaintiff selected the forum,…
2Cases cited1 opinion
- Gormly v. McIntoshNew York Supreme Court · 1856
3Cited by4 opinions
- Clearing Realty Corp. v. PollaciCity of New York Municipal Court · 1929
- Chambers v. Feron & Ballou Co.New York Supreme Court · 1899
- O'Connor v. La PapilaCity of New York Municipal Court · 1956
- Bunnell v. RanneyNew York Surrogate's Court · 1884