J. L. White Furnace Co. v. C. W. Miller Transfer Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the C. W. Miller Transfer Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Erie on the 8th day of April, 1908, upon the decision of the court, rendered after a trial at the Erie Special Term, directing the foreclosure and sale of the premises described in the complaint.
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Appeal by the defendant, the C. W. Miller Transfer Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Erie on the 8th day of April, 1908, upon the decision of the court, rendered after a trial at the Erie Special Term, directing the foreclosure and sale of the premises described in the complaint. The plaintiff is a foreign corporation having its principal place of business at Milwaukee, Wis; The defendant is a domestic corporation having its place of business in the eity of Buffalo. The action is brought to foreclose a…
1Opinion of the Court
Kruse, J.:
The defendant challenges the right of the plaintiff to prosecute this action, because the plaintiff is a foreign stock Corporation other *561than a moneyed corporation, and had no certificate, as provided by section 15 of the General Corporation Law,* authorizing it to do business in this State, but we think the plaintiff was not doing business in this State within the meaning of that section.
The contract was in the form of a written proposition submitted by the president of the plaintiff at Buffalo, in this State, to the president of the defendant, and accepted by the latter in writing…
2Cases cited2 opinions
- Penn Collieries Co. v. . McKeeverNew York Court of Appeals · 1905
- Ozark Cooperage Co. v. Quaker City Cooperage Co.Appellate Division of the Supreme Court of the State of New York · 1906
3Cited by9 opinions
- Johnston v. Lamson Co.Supreme Court of Virginia · 1933
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- Vilter Manufacturing Co. v. EvansIndiana Court of Appeals · 1927
- Southworth v. MorganAppellate Division of the Supreme Court of the State of New York · 1911
- Weber Showcase & Fixture Co. v. Co-Ed ShopArizona Supreme Court · 1936
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