Pottash v. Cleveland-Akron Bag Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, Max Pottash and another, from so much of a judgment of the Supreme Court, entered in the office of the clerk of the county of New York on the 29th day of June, 1920, and from so much of an order, entered in said clerk’s office on the 8th day of July, 1920, amending said judgment, as confirms the verdict of a jury rendered by direction of the court in favor of the defendant on the first cause of action, and also from so much of an order, entered in…
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Appeal by the plaintiffs, Max Pottash and another, from so much of a judgment of the Supreme Court, entered in the office of the clerk of the county of New York on the 29th day of June, 1920, and from so much of an order, entered in said clerk’s office on the 8th day of July, 1920, amending said judgment, as confirms the verdict of a jury rendered by direction of the court in favor of the defendant on the first cause of action, and also from so much of an order, entered in said clerk’s office on the 28th day of June, 1920, as denies plaintiffs’ motion to set aside the verdict and for a new…
1Opinion of the Court
Page, J.:
The first defense to each of the two causes of action alleged in the complaint was that the court did not have jurisdiction because the defendant was a foreign corporation, organized and existing under the laws of the State of Ohio, and was not at the times mentioned in the complaint, or at the time of the commencement of the action, doing business in the State of New York; and the plaintiffs were residents of Philadelphia in the State of Pennsylvania; and the agreement referred to in the complaint was not made and by its terms was not to be performed within the State of New York.
A…
2Cases cited5 opinions
- Farmers and Mechanics' Nat. Bank v. . LoganNew York Court of Appeals · 1878
- The Bank of Rochester v. . JonesNew York Court of Appeals · 1851
- Commercial Bank of Keokuk v. . PfeifferNew York Court of Appeals · 1888
- Boss v. HutchinsonAppellate Division of the Supreme Court of the State of New York · 1918
- Miller v. Ungerer & Co.Appellate Division of the Supreme Court of the State of New York · 1919
3Cited by7 opinions
- Reichbart v. Smith-Eisemann Corp. of AmericaAppellate Division of the Supreme Court of the State of New York · 1922
- Smiley Steel Co. v. SchmollAppellate Division of the Supreme Court of the State of New York · 1922
- Industrial Waxes, Inc. v. BrownDistrict Court, S.D. New York · 1957
- Christoffersen v. Murray Packing Co.Appellate Division of the Supreme Court of the State of New York · 1965
- Korde Corp. v. Casino Classics, Inc.Appellate Division of the Supreme Court of the State of New York · 1952
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