Harriott v. New Jersey Railroad
New York Court of Common Pleas
I. JVovembe1858.—Appeal from a judgment dismissing the complaint. The action was brought by the plaintiff to recover from the defendants damages for negligently and carelessly killing the plaintiff’s horse, in the State of New Jersey. The plaintiff was not a resident of this State; but this fact did not appear in the pleadings. After issue, and before trial, the defendants obtained an order that plaintiff file security for costs, upon the ground that he was a non-resident.
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I. JVovembe1858.—Appeal from a judgment dismissing the complaint. The action was brought by the plaintiff to recover from the defendants damages for negligently and carelessly killing the plaintiff’s horse, in the State of New Jersey. The plaintiff was not a resident of this State; but this fact did not appear in the pleadings. After issue, and before trial, the defendants obtained an order that plaintiff file security for costs, upon the ground that he was a non-resident. On the trial of the canse, the counsel of the plaintiffs stated, in the opening, that the plaintiff was a non-resident,…
1Opinion of the Court
By the Court.†—Brady, J.
The Code, by section 33, subdivision 3, defines the jurisdiction of the Court of Common Pleas over actions against foreign corporations, and confers it only where the action is for a debt or damages, whether liquidated or not, arising upon contract made, executed, or delivered in this State, or where the cause of action arises therein. Section 42J provides that an action may be commenced in the Supreme Court, the Superior Court of the City of Uew York, and in the Court of Common Pleas for the City and County of Hew York, *286by a resident of this State, for any canse of…
2Cases cited18 opinions
- Canter v. American InsuranceSupreme Court of the United States · 1830
- Davis v. PackardSupreme Court of the United States · 1833
- Striker v. MottNew York Supreme Court · 1831
- Supervisors of Onondaga v. BriggsNew York Supreme Court · 1846
- Inglee v. CoolidgeSupreme Court of the United States · 1817
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3Cited by3 opinions
- Cromwell v. Royal Canadian InsuranceCourt of Appeals of Maryland · 1878
- Galt v. Provident Savings BankNew York Supreme Court · 1886
- Brooks v. Mexican Construction Co.The Superior Court of New York City · 1883