German-American Coffee Co. v. . Diehl
New York Court of Appeals
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered March 26, 1915, which affirmed an order of Special Term sustaining a demurrer to and dismissing the complaint. ' The following question was certified: “Does the complaint state facts sufficient to constitute a cause of action % ” The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered March 26, 1915, which affirmed an order of Special Term sustaining a demurrer to and dismissing the complaint. ' The following question was certified: “Does the complaint state facts sufficient to constitute a cause of action % ” The nature of the action and the facts, so far as material, are stated in the opinion. Section 70 of the Stock Corporation Law, read in connection with section 28 of that law, imposes a condition upon which a foreign corporation may.transact…
1Opinion of the CourtCardozo, J.
The defendant has demurred to the complaint; and the question whether its allegations make out a cause of action has been certified to this court. The plaintiff is a New Jersey corporation. In July, 1903, it received a certificate under sections 15 and 16 of the General Corporation Law authorizing it to do business in this state. Since then it has maintained in New York its main business office; has held in New York the regular and most of the special meetings of its directors; and in New York has “ generally,” to follow the words of the complaint, “managed, directed and conducted its…
2Cases cited12 opinions
- St. Clair v. CoxSupreme Court of the United States · 1882
- Orient Insurance v. DaggsSupreme Court of the United States · 1899
- Southern Railway Co. v. GreeneSupreme Court of the United States · 1910
- Horn Silver Mining Co. v. New York StateSupreme Court of the United States · 1892
- General Rubber Co. v. . BenedictNew York Court of Appeals · 1915
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3Cited by53 opinions
- International Harvester Co. v. Wisconsin Dept. of TaxationSupreme Court of the United States · 1944
- Borg v. International Silver Co.Court of Appeals for the Second Circuit · 1925
- Richland v. CrandallDistrict Court, S.D. New York · 1967
- Hausman v. BuckleyCourt of Appeals for the Second Circuit · 1962
- International Text Book Co. v. . ToneNew York Court of Appeals · 1917
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