Prentiss v. Greene
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Henry V. Greene and another, 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 27th day of September, 1920, denying defendants’ motion to vacate a warrant of attachment.
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Appeal by the defendants, Henry V. Greene and another, 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 27th day of September, 1920, denying defendants’ motion to vacate a warrant of attachment. The warrant of attachment is for $505,000, and the ground upon which it was issued is that the individual defendant is a non-resident of this State and that the defendant company is a foreign corporation. The motion to vacate the attachment was based on the original papers on which the attachment was issued…
1Opinion of the Court
Lattghlin, J.:
One of the points made by the appellants is that although the defendant corporation is a foreign corporation, it is immune from attachment for the reason that it has been duly authorized to transact business here. The point is untenable, for by section 636, subdivision 2, of the Code of Civil Procedure an attachment against a foreign corporation is expressly author*679ized, and a corporation has but one domicile, which is in the sovereignty under which it is incorporated. (Shepard & Morse Lumber Co. v. Burleigh, 27 App. Div. 99.)
Another point made by the appellants is that no…
2Cases cited9 opinions
- Broadway Photoplay Co. v. . World Film Corp.New York Court of Appeals · 1919
- Cramer v. . Grand Rapids Show Case Co.New York Court of Appeals · 1918
- Delafield v. J. K. Armsby Co.Appellate Division of the Supreme Court of the State of New York · 1901
- Shepard & Morse Lumber Co. v. BurleighAppellate Division of the Supreme Court of the State of New York · 1898
- Farquhar v. Wisconsin Condensed Milk Co.New York Supreme Court · 1900
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- Oliver v. Autographic Register Co.New Jersey Court of Chancery · 1939
- A. C. Israel Commodity Co. v. Banco Do Brasil, S. A.New York Supreme Court · 1966
- Marklin v. Drew Properties Corp.District Court, S.D. New York · 1967
- Zeiberg v. Robosonics, Inc.Appellate Terms of the Supreme Court of New York · 1964
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