Brauneck v. Knickerbocker Life Insurance
New York City Court
Appeal from a judgment. Margaretlia Brauneck sued defendants to recover damages, to the amount of life insurance premiums she alleged she was induced to pay them upon a policy, by fraud. The complaint contained no averment that the cause of action arose in Kings county, or that defendants transacted their general business in the city of Brooklyn, or were established by law therein.
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Appeal from a judgment. Margaretlia Brauneck sued defendants to recover damages, to the amount of life insurance premiums she alleged she was induced to pay them upon a policy, by fraud. The complaint contained no averment that the cause of action arose in Kings county, or that defendants transacted their general business in the city of Brooklyn, or were established by law therein. The answer related solely to the merits, and made no allegation or objection touching the jurisdiction. At the trial, after plaintiff had given evidence showing that the policy was negotiated and issued in New…
1Opinion of the Court
Neilson, Ch. J.
The complaint was dismissed at the close of the plaintiff’s case on the grounds stated.
The defendant had no place of business in this city. The cause of action did not arise here, nor was it suggested that the summons was or could have been served within our territorial limits. We therefore concur \fith the learned judge who presided at the trial, that the court had no jurisdiction of the case.
The ruling in Landers v. The Staten Island Railroad Company applies. It is true that this action was, in its nature, transitory. It is for a wrong, but so also was the Landers case for a…
2Cited by2 opinions
- Galt v. Provident Savings BankNew York Supreme Court · 1886
- Brooks v. Mexican National Construction Co.The Superior Court of New York City · 1884