Legal Opinion

Cody Motors Co. v. Warren Motor Car Co.

District Court, S.D. New York

Decided April 25, 1912PublishedCited by 3 opinions

At Taw. Action by the Cody Motors Company against the Warren Motor Car Company. On motion to set aside service of summons.

1Opinion of the Court

NOYES, Circuit Judge.

[1] This is a removed case in which it appears that the defendant is a foreign corporation located at Detroit, Michigan, which has not obtained a certificate to do business in this state; which has no established place of business here, and which, except as hereinafter stated, has not, and has never had, any property or agents here.

The contention that the defendant is or has been doing business in this state rests entirely upon the occurrences at the Automobile Exhibition at New York City in January, 1912, as shown by the affidavits. From them it appears that the…

2Cases cited5 opinions

  1. Hoyt v. Ogden Portland Cement Co.District Court, N.D. New York · 1911
  2. Wilkins v. Queen City Savings Bank & Trust Co.U.S. Circuit Court for the District of Southern New York · 1907
  3. Buffalo Glass Co. v. Manufacturers' Glass Co.U.S. Circuit Court for the District of Western New York · 1905
  4. Craig v. Welch Motor Car Co.U.S. Circuit Court for the District of Southern New York · 1908
  5. Sleicher. v. Pullman Co.U.S. Circuit Court for the District of Southern New York · 1909

3Cited by3 opinions

  1. State Ex Rel. Hupp Motor Car Corp. v. KanzlerOregon Supreme Court · 1929
  2. Henry M. Day & Co. v. Schiff, Lang & Co.District Court, S.D. New York · 1921
  3. Scheinman v. Bonwit, Teller & Co.City of New York Municipal Court · 1928

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