Wood Selick v. . Ball
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered August 14, 1906, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term. This action was commenced on the 28th of November, 1904, in the County Court of Jefferson county. The following is a copy of the complaint, aside from the title and demand for judgment.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered August 14, 1906, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term. This action was commenced on the 28th of November, 1904, in the County Court of Jefferson county. The following is a copy of the complaint, aside from the title and demand for judgment. “ For a complaint against defendant, plaintiff alleges, that it is a foreign corporation, duly organized under the laws of the State of New Jersey, and having its…
1DissentO’Brien, J.
This action was brought by the plaintiff, a foreign corporation, to recover the price of goods sold and delivered to the defendant. On the trial the plaintiff gave proof of the sale and delivery of the goods and the amount due, and rested. The defendant moved for a nonsuit on the ground that the plaintiff was not entitled to recover since the complaint did not state upon its face that the plaintiff had procured from the secretary of state the certificate entitling it to do business in this state, as required by section 15 of the General Corporation Law. The motion was granted, as the learned…
2Cases cited8 opinions
- Penn Collieries Co. v. . McKeeverNew York Court of Appeals · 1905
- Rowell v. . JanvrinNew York Court of Appeals · 1896
- Charles Roome Parmele Co. v. HaasNew York Court of Appeals · 1902
- Welsbach Company v. . Norwich Gas and Electric CompanyNew York Court of Appeals · 1905
- Welsbach Co. v. Norwich Gas & Electric Co.Appellate Division of the Supreme Court of the State of New York · 1904
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