Legal Opinion

Penn Collieries Co. v. . McKeever

New York Court of Appeals

Decided November 21, 1905PublishedCited by 72 opinions

Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered April 30, 1904, affirming a judgment in favor of plaintiff entered upon a decision óf the court at a Trial Term without a jury. The plaintiff, a foreign corporation organized under the laws of West Virginia, sued for the price of a cargo of coal, which it had sold and delivered to the defendant, in the city of Mew York.

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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered April 30, 1904, affirming a judgment in favor of plaintiff entered upon a decision óf the court at a Trial Term without a jury. The plaintiff, a foreign corporation organized under the laws of West Virginia, sued for the price of a cargo of coal, which it had sold and delivered to the defendant, in the city of Mew York. The defense to the suit was that, as the plaintiff was doing business in this state, without having procured from the secretary of state the certificate required by…

1Opinion of the CourtGray, J.

I think that the determination below was correct. Section 15 of the General Corporation Law prescribes that, “ Ifo foreign stock corporation, other than a moneyed corporation, shall do business in this state without having first procured from the secretary of state a certificate that it has complied with all the requirements of law to authorize it to do business in this state, and that the business of the corporation to be carried on in this state is such as may be lawfully carried on by a corporation incorporated under the laws of this state for such or similar business,” etc. Further, it…

2Cases cited5 opinions

  1. People Ex Rel. Armstrong Cork Co. v. . BarkerNew York Court of Appeals · 1898
  2. Bard v. . PooleNew York Court of Appeals · 1855
  3. Lancaster v. Amsterdam Improvement Co.New York Court of Appeals · 1894
  4. People ex rel. A.J. Tower Company v. WellsAppellate Division of the Supreme Court of the State of New York · 1904
  5. People Ex Rel. A.J. Tower Company v. . WellsNew York Court of Appeals · 1905

3Cited by72 opinions

  1. Tauza v. . Susquehanna Coal Co.New York Court of Appeals · 1917
  2. People v. . Beakes Dairy Co.New York Court of Appeals · 1918
  3. International Fuel & Iron Corp. v. Donner Steel Co.New York Court of Appeals · 1926
  4. International Text Book Co. v. . ToneNew York Court of Appeals · 1917
  5. Netherlands Shipmortgage Corporation, Ltd. v. Mark Madias and Nicholas T.K. SkarvelisCourt of Appeals for the Second Circuit · 1983

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