Legal Opinion

Bersin v. John Boath, Junr., & Co.

Appellate Division of the Supreme Court of the State of New York

Decided November 4, 1921PublishedCited by 5 opinions

Appeal by the plaintiffs, David Bersin and another, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 20th day of April, 1921, granting defendant’s motion to vacate the service of a summons.

1Opinion of the Court

Page, J.:

The defendant is a foreign corporation, having its principal place of business in Scotland. Schofield & Walter are the sales agents of the defendant with a place of business at 14-16 White street in the borough of Manhattan, city of New York. They solicit orders, enter into contracts for the sale and delivery of the defendant’s merchandise, and the goods are shipped and the bills of lading are sent to Schofield & Walter in many instances. This course of business has been pursued for a number of years. Thus there resulted a continuous course *345of business in the solicitation of orders…

2Cases cited2 opinions

  1. Tauza v. . Susquehanna Coal Co.New York Court of Appeals · 1917
  2. International Harvester Co. of America v. KentuckySupreme Court of the United States · 1914

3Cited by5 opinions

  1. Hall v. Weil-Kalter Manufacturing Co.Appellate Division of the Supreme Court of the State of New York · 1922
  2. In re the Arbitration between Biddle Purchasing Co. & Yung Hsing Trading Corp.Appellate Division of the Supreme Court of the State of New York · 1933
  3. Schwartz v. Breakers Hotel Corp.New York Supreme Court · 1958
  4. New York Automatic Canteen Corp. v. Keepel & Ruof, Inc.City of New York Municipal Court · 1949
  5. Martin v. Barrett-Cravens Co.New York Supreme Court · 1937

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