Furbush v. Clarkson
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Charles A. Furbush, 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 3d day of February, 1897, setting aside the service of the summons and dismissing the complaint against the defendant Clarkson.
1Opinion of the Court
Rumsey, J.:
The respondent appeared specially in this case for the purpose of moving to set aside the service of the summons and to dismiss the complaint, solely upon the ground that all the parties being residents of the State of Pennsylvania, the courts of this State would not take jurisdiction of an action for breach of a. contract between them, and the motion was granted for that reason only. This is not the law. It is settled that the "courts of this State will entertain jurisdiction of an action on contract, although both the plaintiff and the defendant are .non-residents. (Smith v.…
2Cases cited1 opinion
- Smith v. CrockerAppellate Division of the Supreme Court of the State of New York · 1897
3Cited by1 opinion
- Reeve v. CromwellAppellate Division of the Supreme Court of the State of New York · 1929