American Manufacturing Co. v. Weintraub
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan, Seventh District. Action by the American Manufacturing Company against Joseph Weintraub and another.' From a judgment for plaintiff, defendants appeal. Interlocutory judgment overruling demurrer affirmed, and appeal from final judgment dismissed.
1Per curiam
The complaint alleges that plaintiff is a foreign corporation, without alleging compliance with section 15 of the general corporation law (Laws 1890, p. 1063, c. 563), and it fails to show that any one of the parties is a resident of this city. For this reason the defendants demurred, on the grounds (1) that the complaint does not state facts sufficient to constitute a cause of action and (2) that the court had no jurisdiction.
The rule is that compliance with section 15 of the general corporation law should be alleged and proved by a foreign stock corporation, doing business in this state and…
2Cases cited4 opinions
- Wood Selick v. . BallNew York Court of Appeals · 1907
- Union Trust Co. v. SickelsAppellate Division of the Supreme Court of the State of New York · 1908
- Flynn v. WhiteAppellate Division of the Supreme Court of the State of New York · 1907
- Flynn v. WhiteAppellate Division of the Supreme Court of the State of New York · 1907