Portland Co. v. Hall & Grant Construction Co.
Appellate Division of the Supreme Court of the State of New York
Motion for a reargument of an appeal by the plaintiff, the Portland Company, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of New York on the 28th day of Hovember, 1.906, upon the dismissal of the complaint by direction of the court at the close of the plaintiff’s case upon a trial at the New York Trial Term.
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Motion for a reargument of an appeal by the plaintiff, the Portland Company, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of New York on the 28th day of Hovember, 1.906, upon the dismissal of the complaint by direction of the court at the close of the plaintiff’s case upon a trial at the New York Trial Term. The opinion handed down upon the original argument of the appeal will be found in. 121 Appellate Division, 779.
1Per curiam
The reason assigned for the reversal of this judgment was that, as it did not appear from the complaint that the plaintiff was a foreign stock corporation, and as that fact was not set up in the answer, the defense that the plaintiff had not complied with section 15 of the General Corporation Law (Laws of 1892, chap. 687*) was not available. Since the decision in this case the Court of Appeals, in Wood & Selick v. Ball (190 N. Y. 217, decided December 17,1907), has held that a complaint in an action brought by a foreign corporation *496to recover upon a contract made within this State, which…
2Cases cited3 opinions
- Wood Selick v. . BallNew York Court of Appeals · 1907
- Welsbach Company v. . Norwich Gas and Electric CompanyNew York Court of Appeals · 1905
- South Bay Company v. . HoweyNew York Court of Appeals · 1907
3Cited by11 opinions
- Singer Manufacturing Co. v. Granite Spring Water Co.New York Supreme Court · 1910
- Johnson Service Co. v. HamiltonSupreme Court of Iowa · 1938
- United Building Material Co. v. OdellNew York Supreme Court · 1910
- Singer Sewing Machine Co. v. FosterAppellate Terms of the Supreme Court of New York · 1912
- Woodridge Heights Construction Co. v. GippertAppellate Terms of the Supreme Court of New York · 1915
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