Connecticut Mutual Life Assurance Co. v. Cleveland, Columbus & Cincinnati Railroad
New York Supreme Court
The plaintiffs, on the first of February, 1862, attached funds of the defendants deposited in the city of New York by the defendants, to pay their eastern stockholders. The suit in which the attachment issued was commenced to enforce defendants’ liability as guarantors of the bonds and coupons of the Columbus, Piqua and Indiana Railroad Company, now insolvent.
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The plaintiffs, on the first of February, 1862, attached funds of the defendants deposited in the city of New York by the defendants, to pay their eastern stockholders. The suit in which the attachment issued was commenced to enforce defendants’ liability as guarantors of the bonds and coupons of the Columbus, Piqua and Indiana Railroad Company, now insolvent. The defendants moved to set aside i he summons and attachment, on the ground that the parties are foreign corporations, and the cause of action did not arise in this state. The plaintiffs contended that the cause of action arose in this…
1Opinion of the Court
Ingraham, P. Justice.
My associates concur with me in the opinion that, where parties making a contract out of the state contemplate its performance in the state, the cause of action arises here, and the court has jurisdiction. We have recently decided to hold so in the case where a suit is brought on a policy of an insolvent Life Insurance Company, where the parties entered into the contract out of the state, but contemplated performance here.
The attachment is entitled to be sustained, and an order must be made affirming the order appealed from.
2Cited by5 opinions
- Connecticut Mutual Life Insurance v. Cleveland, Columbus & Cincinnati Rail RoadNew York Supreme Court · 1863
- Barnett, Haynes & Barnett v. Colonial Hotel Building Co.Missouri Court of Appeals · 1909
- Perry v. Erie Transfer Co.New York Court of Common Pleas · 1892
- Hibernia National Bank v. LacombeNew York Supreme Court · 1880
- Strawn v. Edward J. Brandt-Dent Co.Appellate Division of the Supreme Court of the State of New York · 1902