Nicoll v. Clark
New York Court of Common Pleas
Appeal from Ninth district court.’ Action by Charles H. Nicoll against Wiliam E. Clark and others.. The complaint was dismissed, and plaintiff appeals.
1Opinion of the CourtBookstaver, J.
At the close of the plaintiff’s case, the defendants moved to dismiss the complaint, and the motion was granted by the justice on the ground that plaintiff was suing as the assignee of a foreign corporation, and that he had failed to prove that his assignor, the corporation, had filed a certificate in compliance with section 15, c. 687, Laws 1892. We think that this provision of law does not affect the cause of action, but only the remedy; that it was not necessary to allege and. prove compliance therewith, but that that was matter of defense, and the justice there* fore erred in granting the…
2Cases cited3 opinions
- Maddock v. RootNew York Supreme Court · 1893
- Steinam v. BellNew York Court of Common Pleas · 1894
- William H. Sawyer Lumber Co. v. BussellNew York Supreme Court · 1895
3Cited by9 opinions
- O'Reilly v. GreeneNew York Supreme Court · 1896
- New York Architectural Terra-Cotta Co. v. WilliamsAppellate Division of the Supreme Court of the State of New York · 1905
- Zion Co-operative Mercantile Ass'n v. MayoMontana Supreme Court · 1899
- Alexander v. City of AlbanyAppellate Division of the Supreme Court of the State of New York · 1900
- O'Reilly, Skelly & Fogarty Co. v. GreeneCity of New York Municipal Court · 1896
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