Wood & Selick v. Ball
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Wood & Selick, from a judgment of the County Court of Jefferson county in favor of the defendant, entered in the office of the clerk of the county of Jefferson on the" 29th day of December, 1905, upon a nonsuit directed-by the court.
1Dissent
Kruse, J. (dissenting):
The defendant has had these goods and she should pay for them, unless the plaintiff corporation by omitting to comply with the statute has placed itself in such a situation that it cannot appeal to the courts of this State for relief. If such an omission goes only to its legal capacity to sue, then the objection has been waived by not answering or demurring to the complaint. (Code Civ. Proc. §§ 488, 498, 499; Parmele Co. v. Haas, 171 N. Y. 581.)
In the Parmele Oo. case it was held that the objection at most is one as to the charaeter-or capacity of the plaintiff to sue,…
2Cases cited2 opinions
- Welsbach Co. v. Norwich Gas & Electric Co.Appellate Division of the Supreme Court of the State of New York · 1904
- South Bay Co. v. HoweyAppellate Division of the Supreme Court of the State of New York · 1906