Mallory v. Virginia Hot Springs Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Virginia Hot Springs Company, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 14th day of February, 1913.
1Opinion of the Court
Stapleton, J.:
The appeal is from an order denying a motion to set aside the service of the summons and for a dismissal of the action.
The following facts must be assumed in the determination of this motion: The testator of the plaintiffs was a resident of this State at the time of her death. Her death was caused in the State of Virginia by the neglect of a corporation created by and doing business under the laws of that State. There is in Virginia a statute (Virginia Code, §§ 2902-2906) similar in its provisions to the one in this State (Code Civ. Proc. §§ 1902-1905), which gives to an…
2Cases cited9 opinions
- Robinson v. Oceanic Steam Navigation Co.New York Court of Appeals · 1889
- Wooden v. West. N. Y. & Penn. RailroadNew York Court of Appeals · 1891
- Grant v. Cananea Consolidated Copper Co.New York Court of Appeals · 1907
- Johnson v. . WallisNew York Court of Appeals · 1889
- Gittleman v. . FeltmanNew York Court of Appeals · 1908
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3Cited by1 opinion
- Fairclough v. Southern Pacific Co.Appellate Division of the Supreme Court of the State of New York · 1916