Legal Opinion

Gould v. Texas & Pacific Railway Co.

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

Decided February 16, 1917PublishedCited by 3 opinions

Appeal by the plaintiffs, George J. Gould and others, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 14th day of December, 1916, vacating an attachment against the property of the defendant.

1Opinion of the Court

Shearn, J.:

What fact determines whether a corporation created under the laws of the United States is located in the State of New York ? Upon the answer to this interesting question depends the validity of the attachment sought to be vacated on defendant’s motion. The attachment was issued upon the averment that the defendant is a foreign corporation. Article 1, section 3, subdivision 5, of the General Corporation Law (Consol. Laws, chap. 23; Laws of 1909, chap. 28) provides that “ A ‘ domestic corporation ’ is a corporation incorporated by or under the laws of the State or Colony of New York.…

2Cases cited5 opinions

  1. Texas & Pacific Railway Co. v. Interstate Commerce CommissionSupreme Court of the United States · 1896
  2. Bankers Trust Co. v. Texas & Pacific Railway Co.Supreme Court of the United States · 1916
  3. Matter of DunnSupreme Court of the United States · 1909
  4. Maisch v. . City of New YorkNew York Court of Appeals · 1908
  5. McLanahan v. MottNew York Supreme Court · 1893

3Cited by3 opinions

  1. In re the Estate of McKimNew York Surrogate's Court · 1939
  2. Jacobsen v. United States Shipping Board Emergency Fleet Corp.New York Supreme Court · 1926
  3. Talmadge v. United States Shipping Board, Emergency Fleet Corp.Court of Appeals for the Second Circuit · 1931

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