Ward v. . Roy
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the third judicial department, affirming an order of Special Term charging the Florence Sewing Machine Company with the payment of the costs of defendants in this action. Said company is a foreign corporation having a general office in the city of New York, in charge of one Bird, its agent.
Read the full summary
Appeal from order of the General Term of the Supreme Court in the third judicial department, affirming an order of Special Term charging the Florence Sewing Machine Company with the payment of the costs of defendants in this action. Said company is a foreign corporation having a general office in the city of New York, in charge of one Bird, its agent. He placed in the hands of an attorney for collection, a promissory note made by William R. Shepherd; said attorney brought suit thereon in the name of the company ; obtained judgment, and instituted supplementary proceedings, in which the…
1Per curiam
This is an application to compel the Florence Sewing Machine Company to pay the costs of the defence in this action.
The point is made that the court below had no jurisdiction of the company, it being a foreign corporation. The answer to this is, that the company appeared generally at the Special Term upon the first hearing, by an attorney, without taking the objection and consented to a reference to take evidence. The objection afterwards before the referee, and at the final hearing was too late. The statute provides that when an action shall be brought in the name of another by an assignee…
2Cases cited3 opinions
- Dermott v. JonesSupreme Court of the United States · 1860
- McHarg v. DonellyNew York Supreme Court · 1858
- People v. SapiaNew York Court of Appeals · 1976
3Cited by15 opinions
- People v. . FlackNew York Court of Appeals · 1891
- Commercial Bank v. FoltzAppellate Division of the Supreme Court of the State of New York · 1897
- John Mulstein Co. v. City of New YorkNew York Court of Appeals · 1915
- Massimino v. MassiminoNew York Supreme Court · 1957
- Ohlquist v. NordstromNew York Supreme Court · 1932
10 more not listed; retrieve them via the Exa API.