Legal Opinion
Lindheim v. Sitt
New York Supreme Court
Decided November 15, 1900PublishedCited by 3 opinions
Demurrer to separate defense.
1Opinion of the CourtBischoff, J.
As modified by stipulation, the issue of law is whether an action may be maintained by the assignee of a demand accruing to a foreign corporation, where the latter, for a failure to procure the certificate required by law (Laws of 1892, chap. 687, § 15), could not itself sue upon the claim.
It has been held that this provision of the statute does not affect the cause of action as such, but applies only to the remedy (Neuchatel Asphalte Co. v. Mayor, 155 N. Y. 373), and the familiar principle whereby an assignee’s rights are measured by the rights of his assignor does not operate to bind the…
2Cases cited3 opinions
- McBride v. . the Farmers' BankNew York Court of Appeals · 1863
- Neuchatel Asphalte Co. v. Mayor of New YorkNew York Court of Appeals · 1898
- Mueller v. William F. Wall Rope Co.New York Supreme Court · 1897
3Cited by3 opinions
- Box Board & Lining Co. v. Vincennes Paper Co.New York Supreme Court · 1904
- McNamara v. KeeneAppellate Terms of the Supreme Court of New York · 1906
- Smith v. New York Cooperage Co.City of New York Municipal Court · 1901