Legal Opinion

Abram French Co. v. Marx

New York Court of Common Pleas

Decided December 3, 1894PublishedCited by 3 opinions

Appeal from city court, general term. Action by Abram French Company against Philip Marx. From a judgment of the city court (28 R". Y. Supp. 749) reversing an order of the special term vacating a judgment for plaintiff, defendant appeals.

1Opinion of the Court

DALY, 0. J.

The complaint shows that this action was commenced by a foreign corporation to recover for goods sold and delivered to defendant between October 21, 1893, and December 20, 1893. Judgment was entered for default of answer on January 11, 1894, upon proof of personal service of the summons and complaint on the defendant. In March, 1894, defendant moved to vacate the judgment upon an affidavit and certificate that plaintiff had not filed in the office of the secretary of state the certificate required by chapter 687, §§ 14, 15, Laws 1892, as a condition precedent to the transaction of…

2Cases cited2 opinions

  1. Foote v. . LathropNew York Court of Appeals · 1869
  2. Boswell v. WelshoeferNew York Court of Common Pleas · 1880

3Cited by3 opinions

  1. In re Baldwin's EstateNew York Supreme Court · 1895
  2. Jackson v. BrunorAppellate Terms of the Supreme Court of New York · 1896
  3. Abram French Co. v. ShapiroCity of New York Municipal Court · 1895

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