Faulkner v. Delaware & Raritan Canal Co.
Court for the Trial of Impeachments and Correction of Errors
Demurrer to rejoinder. The suit was commenced by attachment against the defendants, described as a foreign corporation created under and. by virtue of the laws of the state of New-Jersey, the plaintiff being a resident of the state of New-York. The 'declaration is in assumpsit, containing the common counts for money, services and goods, and on an account stated. The defendants pleaded actio non accrevit infra sex annos.
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Demurrer to rejoinder. The suit was commenced by attachment against the defendants, described as a foreign corporation created under and. by virtue of the laws of the state of New-Jersey, the plaintiff being a resident of the state of New-York. The 'declaration is in assumpsit, containing the common counts for money, services and goods, and on an account stated. The defendants pleaded actio non accrevit infra sex annos. Replication, that the defendants were and are a body corporate, created under and by virtue of the laws of the state of New-Jersey, and-that they are not -and were not a…
1Opinion of the Court
By the Court, Beardsley, J.
These defendants, although a foreign, corporation, had a right to appear and defend this action, (2 R. S. 459, §§ 15 to 30; Amended Laws 1840, p. 296; Laws 1842, p. 227;) and they might interpose any defence which was applicable to their case.
The action is assumpsit, to which the statute of limitations was pleaded; and the answer furnished by the replication is, that the defendants were and are a corporation created under the laws of New-Jersey, and not created by virtue of any law of the state of New-York. But this is no legal answer to the plea. The statute is…
2Cited by7 opinions
- McCormick v. . Pennsylvania Central R.R. Co.New York Court of Appeals · 1872
- Olcott v. . the Tioga Railroad CompanyNew York Court of Appeals · 1859
- Dart v. Farmers' BankNew York Supreme Court · 1858
- Olcott v. Tioga RailroadNew York Supreme Court · 1857
- Blossburg & C. R. v. Tioga R.U.S. Circuit Court for the District of Northern New York · 1867
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