Wester v. . Casein Co. of America
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered January 17, 1911, reversing a judgment in favor of plaintiff entered upon a verdict and dismissing the complaint solely upon a question of law, to wit, that the courts of the state of New York have no jurisdiction over the cause of action. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered January 17, 1911, reversing a judgment in favor of plaintiff entered upon a verdict and dismissing the complaint solely upon a question of law, to wit, that the courts of the state of New York have no jurisdiction over the cause of action. The nature of the action and the facts, so far as material, are stated in the opinion. A breach of the contract was committed by the defendant in the city of New York and a cause of action arose there by reason of such breach. (Hibernia Nat. Bank…
1Opinion of the CourtChase, J.
The plaintiffs are residents of the Argentine Republic. The defendant is a foreign corporation organized under the laws of the state of New Jersey, but having its principal place of business in the city of New York.
On April 30, 1904, at Buenos Ayres in said republic, the parties hereto entered into a contract which was written in Spanish, sealed with the seals of the government and duly stamped, by which the plaintiffs agreed for three years to sell to the defendant and the defendant to purchase from the plaintiffs their “total product of casein or that which they may in any way he in charge…
2Cases cited10 opinions
- Roehm v. HorstSupreme Court of the United States · 1900
- Hibernia National Bank v. . LacombeNew York Court of Appeals · 1881
- Crown Point Iron Co. v. Ætna InsuranceNew York Court of Appeals · 1891
- Kelly v. . Security Mutual Life Ins. Co.New York Court of Appeals · 1906
- Pakas v. . HollingsheadNew York Court of Appeals · 1906
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3Cited by42 opinions
- Auten v. AutenNew York Court of Appeals · 1954
- Brownell Combs, Ii, Administrator C.T.A. Of the Estate of Leslie Combs, Ii, Deceased v. International Insurance CompanyCourt of Appeals for the Sixth Circuit · 2004
- Aetna Casualty And Surety Co. v. Aniero Concrete Co.Court of Appeals for the Second Circuit · 2005
- Created Gemstones, Inc. v. Union Carbide Corp.New York Court of Appeals · 1979
- Neal-Cooper Grain Co. v. Texas Gulf Sulphur Co.Court of Appeals for the Seventh Circuit · 1974
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