Chesapeake Coal Co. v. Mengis
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, the Chesapeake Coal Company of Baltimore City, a corporation, from an interlocutory judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 29th day of October, 1904, upon the decision of the court, rendered after a trial at the New York Special Term, overruling the plaintiff’s demurrer to the defense contained in the amended answer of the defendant.
1Opinion of the Court
*16- Interlocutory judgment affirmed, with costs, on the opinion of the court below, with leave to plaintiff to withdraw demurrer and to reply on payment of costs in this court and in the court below.
The following is the opinion of Gildersleeve, J., delivered at Special Term:
Gildersleeve, J. :
The action is brought on a judgment recovered by plaintiff, a foreign corporation, against defendant in the Superior Court of Baltimore, in the State of Maryland. The answer avers, substantially, that this action was commenced on July 9, 1904; that the judgment in question was recovered in the State of…
2Cases cited3 opinions
- Miller v. . BrenhamNew York Court of Appeals · 1877
- Taylor v. . SymeNew York Court of Appeals · 1900
- Taylor v. SymeAppellate Division of the Supreme Court of the State of New York · 1897
3Cited by3 opinions
- JSC Foreign Economic Ass'n Technostroyex-Port v. International Development & Trade Services, Inc.District Court, S.D. New York · 2003
- State v. International asset Recovery Corp.Appellate Division of the Supreme Court of the State of New York · 2008
- Lehigh Valley R. v. ComarCourt of Appeals for the Second Circuit · 1907