Johnson v. New York Breweries Co.
Court of Appeals for the Second Circuit
In Error to the Circuit Court of the United States for the Southern District of New York. Action by the New York Breweries Company, Limited, against Charles O. Johnson. From an order (171 Fed. 582) sustaining a demurrer to a portion of the amended answer, defendant brings error.
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In Error to the Circuit Court of the United States for the Southern District of New York. Action by the New York Breweries Company, Limited, against Charles O. Johnson. From an order (171 Fed. 582) sustaining a demurrer to a portion of the amended answer, defendant brings error. On writ of error to review an order of the Circuit Court for the Southern District of New York, which sustained the plaintiff’s demurrer to the “further separate and distinct defense,” contained in the amended answer, which alleged that the contract sot out in the complaint could not be enforced for tlie reason that…
1Opinion of the Court
CONE, Circuit Judge.
-The action is brought to recover damages for breach of contract. The plaintiff is a foreign corporation doing business in the state of New York. The state law provides that no such corporation “shall do business in the state without having first procured from the Secretary of State a certificate that it has complied with all the requirements of law to authorize it to do business in this state.” The statute further provides that:
“No foreign stock corporation doing business in this state shall maintain any action in this state upon any contract niade by it in this state…
2Cases cited6 opinions
- Wood Selick v. . BallNew York Court of Appeals · 1907
- Blodgett v. Lanyon Zinc Co.Court of Appeals for the Eighth Circuit · 1903
- Neuchatel Asphalte Co. v. Mayor of New YorkNew York Court of Appeals · 1898
- Allen v. Alleghany Co.Supreme Court of the United States · 1905
- Groton Bridge & Mfg. Co. v. American Bridge Co.U.S. Circuit Court for the District of Northern New York · 1907
1 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- David Lupton's Sons Co. v. Automobile Club of AmericaSupreme Court of the United States · 1912
- Model Heating Co. v. MagaritySupreme Court of Delaware · 1911
- Continental & Commercial Trust & Savings Bank v. Corey Bros. Const. Co.Court of Appeals for the Ninth Circuit · 1913
- Peter & Burghard Stone Co. v. CarperIndiana Court of Appeals · 1930
- Kawin & Co. v. American Colortype Co.Court of Appeals for the Seventh Circuit · 1917
9 more not listed; retrieve them via the Exa API.