People ex rel. Allen v. Whiting
New York Supreme Court
Demurrer to indictment under section 440 of the Penal . Law charging defendant with transacting business in Orleans county under the assumed name of Whiting Hursery Company, without having filed in the Orleans county clerk’s office the certificate required by law.
1Opinion of the CourtPound, J.
The indictment alleges a single sale of fruit
trees to one Alvin E. Allen. Does this constitute a charge of “ conducting, carrying on or transacting business ” within the county of Orleans? We fail to find any reported cases construing these words as used in the Penal Law, but the words - “ to do business ” have been frequently construed in connection with the statutes relative to foreign corporations. It has been held that “ doing business ” in this State implies ■ continuity of conduct in that respect, such as might be evidenced by the investment of capital' here, with the maintenance of an…
2Cases cited2 opinions
- Penn Collieries Co. v. . McKeeverNew York Court of Appeals · 1905
- Ozark Cooperage Co. v. Quaker City Cooperage Co.Appellate Division of the Supreme Court of the State of New York · 1906
3Cited by4 opinions
- People v. . Beakes Dairy Co.New York Court of Appeals · 1918
- Keller v. LONSDALE ET UXOregon Supreme Court · 1959
- Frye v. Batavia (N. Y.) Veterans Administration Employees Federal Credit Union No. 189, Inc.District Court, District of Columbia · 1943
- Griffin v. Implement Dealers Mutual Fire InsuranceNorth Dakota Supreme Court · 1932