F. J. Emmerich Co. v. W. & J. Sloane
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, The F. J. Emmerich Company, from an interlocutory judgment "of the Supreme' Court in favor of the defendant, entered in the office of the cleric of the county of Hew York on the 24th day of March, 1904, upon the decision of the court, rendered after a trial at1 the Hew York Special Term, sustaining the defendant’s demurrer to the plaintiff’s complaint.
1Opinion of the Court
The following is the opinion of Greenbaum, J., delivered at Special Term:
Greenbaum, J.:
Defendant demurs to the complaint for insufficiency of facts constituting a cause of action and for lack of legal capacity of the plaintiff to maintain this action. '<,
I have had occasion recently to hold that a failure on the part of a foreign corporation doing business in this State to allege due authority thus to transact business does not affect the substance of *332plaintiff’s claim and is not available upon a demurrer that the complaint does not state, facts sufficient to constitute a cause of action.…
2Cases cited4 opinions
- Charles Roome Parmele Co. v. HaasNew York Court of Appeals · 1902
- United States v. HillSupreme Court of the United States · 1887
- Dunbarton Flax Spinning Co. v. Greenwich & Johnsville RailwayAppellate Division of the Supreme Court of the State of New York · 1903
- Portland Co. v. HallNew York Supreme Court · 1904
3Cited by8 opinions
- Halsey v. Henry Jewett Dramatic Co.Appellate Division of the Supreme Court of the State of New York · 1906
- Ozark Cooperage Co. v. Quaker City Cooperage Co.Appellate Division of the Supreme Court of the State of New York · 1906
- Ayer v. General Dynamics Corp.District Court, S.D. New York · 1979
- Bradford Co. v. DunnAppellate Division of the Supreme Court of the State of New York · 1919
- Helme v. BuckelewAppellate Division of the Supreme Court of the State of New York · 1920
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