Edward Todd & Co. v. Southern Pacific Co.
New York Supreme Court
Appeal by defendant from a judgment of the Municipal Court of the city of New York, borough of Manhattan, fourth district, overruling its demurrer to the complaint.
1Opinion of the CourtBijur, J.
The complaint alleges that the defendant is a foreign corporation, but does not state that it has an office in the city of New York. It fails, therefore, to show that the Municipal Court has jurisdiction of the person of defendant under subdivision 18 of section 1 of the Municipal Court Act.
There is no doubt that if the principle expressed in Gilbert v. York, 111 N. Y. 544 and Frees v. Ford, 6 id. 176, applies to this case, then the jurisdictional facts must be shown to exist in the complaint, as the Municipal Court is an inferior court of limited jurisdiction. *518All that has been held in…
2Cases cited4 opinions
- Worthington v. London Guarantee & Accident Co.New York Court of Appeals · 1900
- Gilbert v. . YorkNew York Court of Appeals · 1888
- Meuthen v. EyelisAppellate Terms of the Supreme Court of New York · 1900
- Pratt v. Pennsylvania RailroadAppellate Terms of the Supreme Court of New York · 1910
3Cited by1 opinion
- Sears, Roebuck & Co. v. CromeyCity of New York Municipal Court · 1941