Perry v. Erie Transfer Co.
New York Court of Common Pleas
Appeal from city court, general term. Action by Oliver H. Perry against the Erie Transfer Company to recover for the use of teams hired by defendant, and employed by it in the transportation of goods between the cities of New York and Jersey City. From a j udgment for plaintiff, defendant appeals.
1Opinion of the CourtBischoff, J.
The question presented to us on this appeal is one affecting the validity of the judgment appealed from for want of authority in the court below to render it. Defendant is a corporation organized under the laws of New Jersey, hence a foreign corporation within the meaning of the Code. Code Civil Proc. § 3343, subd. 18. Plaintiff, at the time of instituting this action, was and continued to be a resident of the same state. These facts having conclusively appeared upon the close of plaintiff’s direct evidence, defendant protested against further procedure in the action, and asserted that the…
2Cases cited4 opinions
- Robinson v. Oceanic Steam Navigation Co.New York Court of Appeals · 1889
- Hibernia National Bank v. . LacombeNew York Court of Appeals · 1881
- Plimpton v. . BigelowNew York Court of Appeals · 1883
- Davidsburgh v. . Knickerbocker Life Ins. Co.New York Court of Appeals · 1882
3Cited by10 opinions
- Goodwin v. ClaytorSupreme Court of North Carolina · 1904
- Goodwin v. . ClaytorSupreme Court of North Carolina · 1904
- Barnett, Haynes & Barnett v. Colonial Hotel Building Co.Missouri Court of Appeals · 1909
- Gundlin v. Hamburg-American Packet Co.New York Court of Common Pleas · 1894
- Hilleary v. Skookum Root Hair-grower Co.New York Court of Common Pleas · 1893
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