Legal Opinion

Castle Bros. v. Graham

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1903PublishedCited by 5 opinions

Appeal by the defendant, James Graham, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Rings on the 17th day of November, 1902, upon the decision of the court rendered after a trial before the court without a jury at the Rings County Trial Term.

1Opinion of the Court

Goodrich, P. J.:

This action was brought to recover the unpaid balance of the price of certain work done for the defendant by the firm of “ Castle Brothers,” .which assigned its claim to the plaintiff, a domestic corporation. The firm was composed of two brothers, Thomas W. A. Castle and Walter L. Castle, who performed the work mentioned without having filed any certificate in accordance with section 363b of the Penal Code, which provides: “ 1. No person or persons shall hereafter carry on or conduct or transact business in this State under any assumed name or under any designation, name or…

2Cases cited2 opinions

  1. Gay v. . SeiboldNew York Court of Appeals · 1884
  2. Kennedy v. BuddAppellate Division of the Supreme Court of the State of New York · 1896

3Cited by5 opinions

  1. Axe v. TolbertMichigan Supreme Court · 1914
  2. Schwarz & Gottlieb, Inc. v. MarcuseCalifornia Supreme Court · 1917
  3. Bolen v. LigettSupreme Court of Oklahoma · 1916
  4. In re Richards Bros.District Court, E.D. Michigan · 1913
  5. Burns v. CassattNew York Supreme Court · 1932

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