Adler v. Order of American Fraternal Circle of Baltimore City
New York Supreme Court
Action by Carrie Adler against the Order of American Fraternal Circle of Baltimore City on a contract of insurance. Defendant moves to vacate an attachment allowed therein. The affidavit avers that defendant is a foreign corporation, and that it insured plaintiff against sickness..
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Action by Carrie Adler against the Order of American Fraternal Circle of Baltimore City on a contract of insurance. Defendant moves to vacate an attachment allowed therein. The affidavit avers that defendant is a foreign corporation, and that it insured plaintiff against sickness.. It, however, failed to state either that plaintiff was a resident of the state, or that the contract was made within the state, or that the cause of action arose within the state, though the complaint which was on file showed that plaintiff was a resident.
1Opinion of the CourtIngraham, J.
In an action of this character, by section 1780 of the Code, this court has jurisdiction in an action against a foreign corporation only when it appears that the plaintiff is a resident of this state, or where it appears that the action is brought to recover damages for breach of a contract made within this state, or where the cause of action arose within the state. To give the court jurisdiction to grant an attachment it must appear by affidavit that a cause of action exists in favor of plaintiff against defendant, and the general term of this court has held that, unless the facts appear in…
2Cases cited1 opinion
- Oliver v. Walter Heywood Chair Manufacturing Co.New York Supreme Court · 1890
3Cited by2 opinions
- Cremins v. East Lake Woolen Co.New York Supreme Court · 1896
- Ladenburg v. Commercial BankNew York Supreme Court · 1895