Perry v. Erie Transfer Co.
New York Court of Common Pleas
Appeal from a judgment of the General Term of the N. Y. city court affirming a judgment of that court in favor of the plaintiff entered upon a verdict directed- by the trial court. Oliver H. Perry, a resident of the State of New Jersey, sued the Erie Transfer Company, a corporation created under the laws of that State, for the hire of certain teams •of horses.
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Appeal from a judgment of the General Term of the N. Y. city court affirming a judgment of that court in favor of the plaintiff entered upon a verdict directed- by the trial court. Oliver H. Perry, a resident of the State of New Jersey, sued the Erie Transfer Company, a corporation created under the laws of that State, for the hire of certain teams •of horses. At the trial, plaintiff introduced evidence of the hiring •of the teams by defendant’s messengers in Jersey City and rested. Defendant moved for a dismissal of the complaint on the ground that the court had no jurisdiction over the…
1Opinion of the CourtBischoff, J.
The question presented to us on this appeal is one affecting the validity of the judgment appealed from, for want of authority in the court below to render it.
Defendant is a corporation organized under the laws of New Jersey, hence a foreign corporation within the *432meaning of the Code (Code Civ. Pro. § 3343, subd. 18). Plaintiff, at the time of instituting this action, was and continued to be a resident of the same State. These facts having conclusively appeared, upon the close of plaintiff’s, direct evidence, defendant protested against further procedure in the action, and asserted that the…
2Cases cited19 opinions
- Robinson v. Oceanic Steam Navigation Co.New York Court of Appeals · 1889
- Hibernia National Bank v. . LacombeNew York Court of Appeals · 1881
- Plimpton v. . BigelowNew York Court of Appeals · 1883
- Veeder v. . BakerNew York Court of Appeals · 1880
- Davidsburgh v. . Knickerbocker Life Ins. Co.New York Court of Appeals · 1882
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3Cited by5 opinions
- Gundlin v. Hamburg-American Packet Co.New York Court of Common Pleas · 1894
- Gundlin v. Hamburg-American Packet Co.New York Court of Common Pleas · 1894
- McClement v. Supreme CourtNew York Supreme Court · 1914
- Manda v. Wells, Fargo & Co.Appellate Terms of the Supreme Court of New York · 1897
- Maas v. Cunard Steamship Co.Appellate Terms of the Supreme Court of New York · 1897