Legal Opinion · Concurrence

O'Reilly v. New Brunswick, Amboy & New York Steamboat Co.

Appellate Terms of the Supreme Court of New York

Decided June 15, 1899Published

Appeal by the defendant from a judgment of the General Term of the City Court, affirming a judgment of the City Court, entered in favor of the plaintiff, upon the verdict of a jury, and affirming an order denying defendant’s motion for a new trial.

1Concurrence

Van Brunt, P. J.,

concurred, except that he dissented from the statement that the jurisdiction of the Supreme Court as a court of general jurisdiction must be presumed. The reason for the dissent was, that in respect to foreign corporations the jurisdiction of the Supreme Oourt was a statutory one. Llis remarks clearly show that he considered the allegation in the complaint as to plaintiff’s residence a necessary and material one, and he concluded : “ It is undoubtedly true that if the record had contained evidence showing that this plaintiff was not a resident of this State at the time of the…

2Cases cited6 opinions

  1. Robinson v. Oceanic Steam Navigation Co.New York Court of Appeals · 1889
  2. McCormick v. . Pennsylvania Central R.R. Co.New York Court of Appeals · 1872
  3. Davidsburgh v. . Knickerbocker Life Ins. Co.New York Court of Appeals · 1882
  4. Bryan v. . University Pub. Co. of N.Y.New York Court of Appeals · 1889
  5. Bogert v. Otto Gas Engine WorksAppellate Division of the Supreme Court of the State of New York · 1898

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