Legal Opinion

McNamara v. Keene

Appellate Terms of the Supreme Court of New York

Decided February 15, 1906Published

Appeal by the plaintiff from an order of the City Court of the city of Hew York, made at the Trial Term, setting aside a verdict directed by the Court.

1Opinion of the CourtGiegerich, J.

The learned trial judge first directed a verdict for the plaintiff, as a matter of convenience, there being no question of fact, and, later, after considering the question of law involved, granted a motion to set aside the verdict and to dismiss the complaint.

The plaintiff is the assignee of a foreign corporation. The cause of action assigned arose on contracts made in 1900. At that time, and until the amendment of 1901 (Chap. 538) to section 15 of the General Corporation LaWj the assignee of a foreign corporation could sue upon a claim, although the corporation might not be able to do so,…

2Cases cited5 opinions

  1. McGahey v. VirginiaSupreme Court of the United States · 1890
  2. Neuchatel Asphalte Co. v. Mayor of New YorkNew York Court of Appeals · 1898
  3. People Ex Rel. Reynolds v. . Common CouncilNew York Court of Appeals · 1893
  4. Lewis Publishing Co. v. LenzAppellate Division of the Supreme Court of the State of New York · 1903
  5. Lindheim v. SittNew York Supreme Court · 1900

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