Howell v. Wright Dairy Co.
Appellate Terms of the Supreme Court of New York
Appeal from municipal court, borough of Manhattan, Tenth district. Action by Hattie Howell, an infant, etc., against the Wright Dairy Company. From a judgment in favor of plaintiff, defendant appeals.
1Per curiam
The record does not show that the defendant is a domestic corporation having its principal place of business within the city of New York, nor is there any evidence whatsoever tending to show jurisdiction over the defendant. This is fatal to the judgment. Tyroler v. Gummersbach, 28 Misc. Rep. 151, 59 N. Y. Supp. 266, 319.
The objection was taken for the first time on this appeal. While this may be done, the court, in reversing the judgment and ordering .a new trial, will do so, under these circumstances, without awarding costs. Willis v. Parker (Sup.; March 5, 1900) 62 N. Y. Supp. 1078.…
2Cases cited2 opinions
- Tyroler v. GummersbachAppellate Terms of the Supreme Court of New York · 1899
- Willis v. ParkerAppellate Terms of the Supreme Court of New York · 1900