Tallapoosa Lumber Co. v. Holbert
Appellate Division of the Supreme Court of the State of New York
Appeal by tlie defendants, William P. Holbert and another, from a judgment of the Supreme Court in favor of tlie plaintiff, entered in the office of the clerk of the county of Broome on the 15th day of November, 1895, upon the verdict of a jury directed by the court after a trial at the Broome Circuit, and also from an order entered in said clerk’s office on the ldth day of November, 1895, denying the defendants’ motion for a new trial made upon the minutes.
1Opinion of the Court
Herrick, J. :
This is an appeal from a judgment entered upon the verdict of a jury, rendered by the direction of the court in favor of the plaintiff and against the defendants.
The complaint is upon a promissory note, alleged to have been made by the defendant William P. Holbert and indorsed by the defendant Joseph G. Holbert and delivered to the plaintiff.
One of the defenses asserted in the answer, and apparently the only one relied on upon the trial and upon this appeal, is that the plaintiff is a foreign corporation, and has not procured the certificate required by law to enable it to…
2Cases cited2 opinions
- Barrow Steamship Co. v. Mexican Central Railway Co.New York Court of Appeals · 1892
- Murphy Varnish Co. v. ConnellNew York Supreme Court · 1894
3Cited by23 opinions
- Vaughn Machine Co. v. LighthouseAppellate Division of the Supreme Court of the State of New York · 1901
- Harrell v. Peters Cartridge Co.Supreme Court of Oklahoma · 1913
- Kirven v. Virginia-Carolina Chemical Co.Court of Appeals for the Fourth Circuit · 1906
- Smith Company v. DickinsonWashington Supreme Court · 1914
- St. Albans Beef Co. v. AldridgeAppellate Division of the Supreme Court of the State of New York · 1906
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