Watson v. Cabot Bank of Massachusetts
The Superior Court of New York City
This action was brought by Watson, to recover the amount of a note made by himself, and which, by the improper conduct of third persons, came to the possession of the defendant, who presented it at maturity, to the bank, where it was made payable, and received payment after notice of the misappropriation.
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This action was brought by Watson, to recover the amount of a note made by himself, and which, by the improper conduct of third persons, came to the possession of the defendant, who presented it at maturity, to the bank, where it was made payable, and received payment after notice of the misappropriation. Watson made a note, dated September 20,1849, for $400, payable ninety days after its date, at the Mechanics' Banking Association, in N. J., to the order of, and delivered it to, G. F. Butler, that he might get it discounted for Watson, and bring the proceeds to him. Butler endorsed and…
1Opinion of the Court
By the Court.
Bosworth, J.
The judge, at the trial, correctly refused to dismiss the complaint. The defendant is a foreign corporation. The-cause of action, upon which this suit is brought, arose within the city and county of New York. The code gives this court jurisdiction of an action against a foreign corporation, “ upon any cause of action arising ” in the city of New York. (Sec. 33, sub. 3.) When a court of record has jurisdiction of the action, a voluntary appearance, without service of process, will give jurisdiction of the person.
The code, as amended in 1851, declares that, “ a…
2Cases cited1 opinion
- Garland v. President, Directors, & Co.Massachusetts Supreme Judicial Court · 1812
3Cited by8 opinions
- McCormick v. . Pennsylvania Central R.R. Co.New York Court of Appeals · 1872
- Attorney-General v. Guardian Mutual Life InsuranceNew York Court of Appeals · 1879
- Farwell v. Importers & Traders' National Bank of New YorkNew York Court of Appeals · 1882
- Carpentier v. MinturnNew York Supreme Court · 1873
- Duncan v. BerlinThe Superior Court of New York City · 1868
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