Arndt-Ober v. Metropolitan Opera Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Metropolitan Opera Company, 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 31st day of January, 1918, denying defendant’s motion to dismiss the complaint on the •ground that plaintiff is an alien enemy.
1Opinion of the Court 1
Shearn, J.:
This appeal involves the right of a resident subject of a country engaged in war against our own country to maintain an action in our courts. We have recently decided in Rothbarth v. Herzfeld (179 App. Div. 865; affd., 223 N. Y. 578), following an unbroken line of authorities, that a non-resident alien enemy may not prosecute an action in our courts during the war. That decision was based upon grounds of public policy, which forbids the doing of acts that will be or may be to the advantage of the enemy state by increasing its capacity for prolonging hostilities through additions to…
Also in this document: Opinion of the Court · Kent.
2Cases cited3 opinions
- Clarke v. MoreyNew York Supreme Court · 1813
- Rothbarth v. HerzfeldAppellate Division of the Supreme Court of the State of New York · 1917
- Rothbarth v. . HerzfeldNew York Court of Appeals · 1918
3Cited by15 opinions
- Mittelstadt v. KellyMichigan Supreme Court · 1918
- Petition of BernheimerCourt of Appeals for the Third Circuit · 1942
- Matsuda v. LuondCalifornia Court of Appeal · 1942
- Kaufman v. EisenbergNew York Supreme Court · 1942
- In re RenardNew York Surrogate's Court · 1943
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