Bogert v. Otto Gas Engine Works
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Otto Gas Engine Works, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Queens on the 10th day of February, 1898, denying the defendant’s motion to vacate an order directing the service of the summons by publication.
1Opinion of the Court
Per Curiam :
Section 1780 of the' Code of Civil Procedure provides that an action against a foreign corporation may be maintained by a resident of the State for any cause of action. The .complaint alleges merely that the plaintiff is engaged in business in this State, and does not allege that he is a resident, and further alleges that the defendant is a foreign corporation. The allegations of the complaint are insufficient to establish jurisdiction. Upon the complaint •and an affidavit, which sets up no other jurisdictional facts, the order was granted for the publication of the summons.
We…
2Cited by6 opinions
- Herbert v. Montana Diamond Co. of AmericaAppellate Division of the Supreme Court of the State of New York · 1903
- Grant v. GreeneNew York Supreme Court · 1908
- Chambers v. Feron & Ballou Co.New York Supreme Court · 1899
- Auerbach v. Internationale Wolfram Lampen Aktien GesellschaftU.S. Circuit Court for the District of Southern New York · 1909
- Morse v. Acme Cycle Co.City of New York Municipal Court · 1902
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