Whitehead v. Buffalo & Lake Huron Railway Co.
New York Supreme Court
Appeal from, an order granting a motion to set aside an attachment granted against the defendant as a foreign corporation. The defendant was incorporated by act of the Canadian Parliament, June 16th, 1856, and its two termini fixed by the act, viz.: Goderich and Fort Erie.
Read the full summary
Appeal from, an order granting a motion to set aside an attachment granted against the defendant as a foreign corporation. The defendant was incorporated by act of the Canadian Parliament, June 16th, 1856, and its two termini fixed by the act, viz.: Goderich and Fort Erie. At the time of incorporation all the corporators were foreigners, and at no time since has there been any officer, agent or managing power resident or citizen of this state, with the single exception of one director for a short time. By act of the Mew-York legislature (Chap. 860, Laws of 1847, Vol. I of Laws,p. 752), the…
1Opinion of the Court
By the court—Greene, P. J.
The only question, which I deem it necessary to decide on this motion is, whether, conceding the defendant to be a foreign corporation, it is liable to be sued, or rather to be proceeded against under our statutes, which provide for the appropriation by judicial proceedings of the property of such corporations situated in this state, to the payment of their debts. There are a few elementary propositions material in the consideration of this question, which need only to be stated.
First. No valid judgment in personam, or which, proprio vigore, creates or declares an…
2Cited by5 opinions
- Gilchrist v. W. Va. O. & O. L. Co.West Virginia Supreme Court · 1882
- Hartzell v. VigenNorth Dakota Supreme Court · 1896
- Jones v. Norwich & New York Transportation Co.New York Supreme Court · 1867
- Delaware, Lackawanna & Western Railroad v. New York, Susquehanna & Western RailroadNew York Supreme Court · 1895
- Chase v. VanderbiltThe Superior Court of New York City · 1874