Western National Bank v. Kelly
Appellate Terms of the Supreme Court of New York
Appeal from a judgment of the Municipal Court of the city of New York, Seventh District, borough of Manhattan, in favor of the defendant.
1Opinion of the Court
Fitzgerald, J.;
Plaintiff, a foreign corporation, instituted this action upon a promissory note claimed to have been given by the defendant to L. Oppenheimer & Co. and transferred to it for value. Complaint was dismissed upon the. grounds that it was not shown that plaintiff had an office for the transaction of business in the city of New York, nor that the certificate required by section 31 of the Banking Law (L. 1892, ch. 689) had been filed.
In Citizens’ State Bank v. Cowles, 89 App. Div. 281, it was directly held: “ that the mere bringing of an action to recover a sum of money upon a…
2Cases cited4 opinions
- Charles Roome Parmele Co. v. HaasNew York Court of Appeals · 1902
- Citizens' State Bank v. . CowlesNew York Court of Appeals · 1905
- Charles Roome Parmele Co. v. HaasAppellate Division of the Supreme Court of the State of New York · 1902
- Citizens' State Bank v. CowlesAppellate Division of the Supreme Court of the State of New York · 1903