Davis v. Julius Kessler & Co.
New York Supreme Court
Motion to dismiss complaint.
1Opinion of the CourtBijur, J.
On motion to dismiss complaint. This is an action to recover damages for defendant’s alleged breach of contract in failing to keep insured 300 barrels of whisky purchased by plaintiff from defendant and destroyed by fire while stored in defendant’s bonded warehouse in Kentucky. Plaintiff is a resident of Minnesota, the defendant a corporation of West Virginia, having its principal place of business in the state of Illinois. The contract was made outside of the state of New York.
To bring the case within the purview of the statute which confers upon our courts jurisdiction in an action by a…
2Cases cited9 opinions
- Bank of the United States v. DeveauxSupreme Court of the United States · 1809
- Old Wayne Mut. Life Assn. of Indianapolis v. McDonoughSupreme Court of the United States · 1907
- Louisville, Cincinnati, & Charleston Rail-Road v. LetsonSupreme Court of the United States · 1844
- Robinson v. Oceanic Steam Navigation Co.New York Court of Appeals · 1889
- Bagdon v. Philadelphia & Reading Coal & Iron Co.New York Court of Appeals · 1916
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- Farrell v. Piedmont Aviation, Inc.Court of Appeals for the Second Circuit · 1969
- Farrell v. Piedmont Aviation, Inc.Court of Appeals for the Second Circuit · 1969
- State ex rel. Goldwyn Distributing Corp. v. GehrzWisconsin Supreme Court · 1923
- Electronic Race Patrol, Inc. v. National Trailer Convoy, Inc.District Court, S.D. New York · 1961
- Fidan v. Austral American Trading Corp.New York Supreme Court · 1957
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