South Bay Co. v. Howey
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, the South Bay Company; from an order of the Supreme Court, made at the New York Trial Term and entered in the office of the clerk of the county of New York on the 8th day of January, 1906, setting aside the verdict of a jury in favor of the plaintiff rendered by direction of the court after a trial at the New York Trial Term.
1Opinion of the Court
Ingraham, J.:
The first question presented on this appeal is whether a cause of action was alleged without an allegation that the plaintiff had obtained from the Secretary of State a certificate that it had complied with the requirements of law which authorized it to do business in this State.
In Parmele Co. v. Haas (171 N. Y. 581) it is said that “ when a foreign corporation brings a suit in the courts of this State and states a good cause of action in the complaint, it will be assumed *384that it is rightfully in the State and properly in court Until the contrary is- .made' to- appear.” Welsbach…
2Cases cited2 opinions
- Welsbach Company v. . Norwich Gas and Electric CompanyNew York Court of Appeals · 1905
- Welsbach Co. v. Norwich Gas & Electric Co.Appellate Division of the Supreme Court of the State of New York · 1904
3Cited by5 opinions
- Swing v. DaytonAppellate Division of the Supreme Court of the State of New York · 1908
- Charles E. Wright & Co. v. FaulknerAppellate Terms of the Supreme Court of New York · 1906
- Cummings v. BrownAppellate Division of the Supreme Court of the State of New York · 1907
- E. A. Strout Farm Agency v. Hunter, New York County Courts1914
- Wood & Selick v. BallAppellate Division of the Supreme Court of the State of New York · 1906