American Manufacturing Co. v. Weintraub
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan, Seventh District. Action by the American Manufacturing Company against Joseph Weintraub and another.' From a judgment for plaintiff, defendants appeal. Interlocutory judgment overruling demurrer affirmed, and appeal from final judgment dismissed.
1ConcurrenceMacLEAN, J.
(specially concurring). The complaint of the plaintiff, a foreign corporation, failing to disclose the transaction by it of business, or that the contract, the subject of its suit, was made within this state, is not demurrable, under the authority of Union Trust Co. v. Sickels, 125 App. Div. 105, 108, 109 N. Y. Supp. 262, for failure to allege the procurement of the certificate required by section 15 of the general corporation law; nor is" it demurrable because of failure to disclose the residence of the defendants, since “in an action brought in the district courts the plaintiff is not…
2Cases cited4 opinions
- Worthington v. London Guarantee & Accident Co.New York Court of Appeals · 1900
- Union Trust Co. v. SickelsAppellate Division of the Supreme Court of the State of New York · 1908
- Kerr v. WalterAppellate Division of the Supreme Court of the State of New York · 1905
- Dammann v. PetersonAppellate Terms of the Supreme Court of New York · 1896