McLean v. St. Paul & Chicago Ry. Co.
New York Court of Common Pleas
I. June, 1886. Appeal from a judgment dismissing the complaint. In 1879, Samuel McLean sued the St. Paul and Chicago Railway Company as the assignee of a cause of action for breach of contract. The defendant is a foreign corporation, created under the laws of Minnesota, and the contract in question Avas made out of the State, between the corporation and certain parties, all of whom were non-residents of this State.
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I. June, 1886. Appeal from a judgment dismissing the complaint. In 1879, Samuel McLean sued the St. Paul and Chicago Railway Company as the assignee of a cause of action for breach of contract. The defendant is a foreign corporation, created under the laws of Minnesota, and the contract in question Avas made out of the State, between the corporation and certain parties, all of whom were non-residents of this State. Plaintiff was a resident of Brooklyn ; and all these facts appeared on the face of the complaint. The action Avas twice removed to the circuit court of the United States, and once…
1Opinion of the CourtDaly, J.
The Code declares that the want of jurisdiction in the superior city court is matter of defense, and is waived by appearance, unless it is pleaded in the answer (Code Civ. Pro. § 266). It thus appears that want of jurisdiction is a defect which the defendant may waive. If lie waives it, the court should proceed, notwithstanding it may appear that if the objection were properly taken to the jurisdiction, such objection should be sustained.
II. March, 1887. Appeal from an order granting the defendant leave to amend its answer by pleading to the jurisdiction of the court. The judgment dismissing…
2Cases cited24 opinions
- Hoyt v. . Thompson'sNew York Court of Appeals · 1859
- Grandin v. Le Roy & SmythNew York Court of Chancery · 1831
- Cook v. . WhippleNew York Court of Appeals · 1873
- Popfinger v. . YutteNew York Court of Appeals · 1886
- Harrington v. SladeNew York Supreme Court · 1856
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