Legal Opinion

United States Asphalt Refining Co. v. Comptoir National D'Escompte De Paris

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

Decided February 5, 1915PublishedCited by 3 opinions

Appeal by the plaintiff, The United States Asphalt Refining Company, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 19th day of October, 1914, pursuant to an order made at Special Term, granting defendant’s motion for judgment sustaining its demurrer, and dismissing the complaint, and also an appeal from two orders entered in said clerk’s office on the 6th day of October, 1914, one denying…

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Appeal by the plaintiff, The United States Asphalt Refining Company, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 19th day of October, 1914, pursuant to an order made at Special Term, granting defendant’s motion for judgment sustaining its demurrer, and dismissing the complaint, and also an appeal from two orders entered in said clerk’s office on the 6th day of October, 1914, one denying plaintiff’s motion to strike out the demurrer and for judgment on the complaint, and the other granting defendant’s…

1Opinion of the Court

Laughlin, J.:

The defendant demurred to the complaint on the ground that it fails to state facts sufficient to constitute a cause of action, and that the court is without jurisdiction over the subject of the action, and then brought its demurrer on for a hearing on motion.

The plaintiff alleges that it is-a corporation organized under the laws of South Dakota and is doing business in the borough of Manhattan, New York; that the defendant is a corporation organized under the laws of France, with its principal office in the city of Paris, and a branch office for the transaction of banking…

2Cases cited7 opinions

  1. Knowles v. . City of New YorkNew York Court of Appeals · 1903
  2. Ladenburg v. Commercial BankNew York Supreme Court · 1895
  3. Duggan v. WrightMassachusetts Supreme Judicial Court · 1892
  4. De Jong v. B. G. Behrman Co.Appellate Division of the Supreme Court of the State of New York · 1911
  5. Anglo-American Provision Co. v. Davis Provision Co.New York Court of Appeals · 1902

2 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. Creole Enterprises, Inc. v. GiulianiNew York Supreme Court · 1995
  2. Barney & Smith Car Co. v. E.W. Bliss Co.New York Supreme Court · 1917
  3. Commonwealth Mortgage Co. v. Le Roy Sargent & Co.New York Supreme Court · 1918

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