Fisher v. Charter Oak Life Insurance
The Superior Court of New York City
Demurrer by defendant to the complaint on the following grounds:: First. That the court has not jurisdiction of the person of the defendant. Second. That the court has not jurisdiction of the subject of the action. Third. That the amended complaint does not state facts sufficient to constitute a cause of action.
1Opinion of the CourtIngraham, J.
— As to the first and second grounds of the demurrer, it is sufficient to say that the defects do not appear upon the face of the complaint.
By subdivision 7 of section 263 of the Code, a superior city court has jurisdiction where an action is brought by a resident of that city against a foreign corporation “ to recover damages for breach of a contract or a sum payable by the terms of a contract, where the contraact was made, executed or delivered within this state,” or “ where the summons is served by delivery of a copy thereof within that city to an officer of the corporation, as prescribed…
2Cases cited1 opinion
- Boardman v. Lake Shore & Michigan Southern Railway Co.New York Court of Appeals · 1881
3Cited by10 opinions
- Manhattan General Equipment Co. v. Commissioner of Internal RevenueSupreme Court of the United States · 1936
- Low v. SwartwoutAppellate Division of the Supreme Court of the State of New York · 1916
- State ex rel. Thatcher v. HornerMissouri Court of Appeals · 1884
- Squiers v. ThompsonAppellate Division of the Supreme Court of the State of New York · 1902
- O'Reilly v. New Brunswick, Amboy & New York Steamboat Co.Appellate Terms of the Supreme Court of New York · 1899
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