Howell v. Wright Dairy Co.
Appellate Terms of the Supreme Court of New York
Appeal from a judgment in favor of plaintiff, rendered in the Municipal Court of the city of Hew York, tenth district, borough of Manhattan.
1Opinion of the Court
Per Guriam.
The record does not show, that the defendant is a domestic corporation, having its principal place of business within the city of Hew York, nor is there any evidence whatsoever tending to show jurisdiction over the defendant. This is fatal to the judgment. Tyroler v. Gummersbach, 28 Misc. Rep. 151. The objection was taken for the first time on this appeal. While this may be done, the court, in reversing the judgment and ordering a new *756trial, will do so under these circumstances, without awarding costs. Willis v. Parker, 30 Misc. Rep. 750.
Present: Beekman, P. J., Giegerich and…
2Cases cited2 opinions
- Tyroler v. GummersbachAppellate Terms of the Supreme Court of New York · 1899
- Willis v. ParkerAppellate Terms of the Supreme Court of New York · 1900