Legal Opinion · Concurrence

Pensabene v. F. & J. Auditore Co.

Appellate Division of the Supreme Court of the State of New York

Decided February 21, 1913Published

Appeal by the defendant, the F. & J. Auditore Company, 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 Kings on the 24th day of December, 1912, denying the defendant’s motion, made pursuant to section 976 of the Code of Civil Procedure, to sustain the demurrer to the plaintiff’s complaint and overruling said demurrer.

1Concurrence

Woodward, J. (concurring):

The plaintiff, as administrator of the goods, chattels, etc., of Antonio Pensabene, deceased, brings this action under the provisions of the Workingmen’s Compensation Act of the State of New Jersey (Laws of 1911, chap. 95), to recover the sum of $2,400 on behalf of the next of kin. The deceased, who was a resident of Kings county, was employed by the defendant, a domestic corporation whose charter provided that its principal office was to be located in the county of Kings, but that “ the corporation shall have power to conduct its business in- all its branches or any…

2Cases cited4 opinions

  1. Scudder v. Union National BankSupreme Court of the United States · 1875
  2. Ives v. South Buffalo Railway Co.New York Court of Appeals · 1911
  3. Zeikus v. Florida East Coast Railway Co.Appellate Division of the Supreme Court of the State of New York · 1912
  4. Pensabene v. F. & J. Auditore Co.New York Supreme Court · 1912

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