Hewitt v. Canadian Pacific Railway Co.

Proskauer, J.:

This court has jurisdiction, under section 46 of the General Corporation Law, as added by chapter 916 of the Laws of 1920, of this cause of action against a foreign corporation, because plaintiff is a resident of this State and there is no proof in the moving papers that the assignment to him was merely colorable.

The court has jurisdiction over the person of defendant, because defendant’s managing agent was served under subdivision 3 of section 229 of the Civil Practice Act, and defendant was doing business in this State within the principles laid down in Tauza v. Susquehanna…