Edward Todd & Co. v. Southern Pacific Co.
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan, Fourth District. Action by Edward Todd & Co. against the Southern Pacific Company. From a judgment overruling its demurrer to the complaint, defendant appeals. Reversed, and demurrer sustained, with leave to plaintiffs to serve an amended complaint.
1Opinion of the CourtBijur, J.
The complaint alleges that the defendant is a foreign corporation, but does not state that it has an office in the city of New York. It fails, therefore, to show that the Municipal Court has jurisdiction of the person of defendant under subdivision 18 of section 1 of the Municipal Court Act.
There is no doubt that, if the principle expressed in Gilbert v. York, 111 N. Y. 544, 19 N. E. 268, and Frees v. Ford, 6 N. Y. 176, applies to this case, then the jurisdictional facts must be shown to exist in the complaint, as the Municipal Court is an inferior Court of limited jurisdiction. All that has…
2Cases cited6 opinions
- Worthington v. London Guarantee & Accident Co.New York Court of Appeals · 1900
- Frees v. . FordNew York Court of Appeals · 1852
- Gilbert v. . YorkNew York Court of Appeals · 1888
- Dammann v. PetersonAppellate Terms of the Supreme Court of New York · 1896
- Meuthen v. EyelisAppellate Terms of the Supreme Court of New York · 1900
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