McCormick v. . Pennsylvania Central R.R. Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, affirming a judgment in favor of plaintiff entered upon a verdict, and affirming an order denying a motion for a new trial. The action was brought to recover the value of certain clothing, jewelry, etc., constituting the baggage of plaintiff, accompanying him while traveling, with his wife, alleged by him to have been converted by defendant.
Read the full summary
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, affirming a judgment in favor of plaintiff entered upon a verdict, and affirming an order denying a motion for a new trial. The action was brought to recover the value of certain clothing, jewelry, etc., constituting the baggage of plaintiff, accompanying him while traveling, with his wife, alleged by him to have been converted by defendant. On the 11th of March, 1862, plaintiff, in company with his wife, presented the baggage in question at the passenger depot of defendant in Philadelphia, and…
1Opinion of the CourtFolger, J.
1st. Had the court below jurisdiction of the action and of the parties, so that it could render the judgment appealed from ?
We will assume that the plaintiff was at no time a resident of this State, and that the learned justice at circuit erred in rnling, that as a fact established he was a resident. We do not however determine those questions, as we can otherwise dispose of the defendant’s objection of want of jurisdiction.
The cause of action was of that nature, that although it arose in another State, the court below had jurisdiction of the subject-matter of the action. In this respect the…
2Cases cited13 opinions
- Higgins v. Watervliet Turnpike & RailroadNew York Court of Appeals · 1871
- Hanmer v. WilseyNew York Supreme Court · 1837
- Hyde v. StoneNew York Supreme Court · 1831
- Halsey v. . SinsebaughNew York Court of Appeals · 1857
- McEntee v. . the New Jersey Steamboat Co.New York Court of Appeals · 1871
8 more not listed; retrieve them via the Exa API.
3Cited by58 opinions
- Wickham Contracting Co., Inc., Ralph Perone v. Local Union No. 3, International Brotherhood of Electrical Workers, Afl-CioCourt of Appeals for the Second Circuit · 1992
- Bates v. PrebleSupreme Court of the United States · 1894
- Flamm v. NobleNew York Court of Appeals · 1947
- Houston & T. C. R'y Co. v. JacksonTexas Supreme Court · 1884
- Neff v. NeffSupreme Court of Connecticut · 1921
53 more not listed; retrieve them via the Exa API.