Smith v. Union Milk Co.
New York Supreme Court
Appeal from special term, New York county. Action by John A. Smith against the Union Milk Company for breach of contract. Plaintiff obtained an attachment, but on motion of Jesse Durland, a subsequent attaching creditor of defendant, an order was made vacating the same. From such order, plaintiff appeals. ■
1Opinion of the CourtFollett, J.
The actions brought by the parties to this appeal are for the recovery of damages for the breach of contracts. Such an action may be maintained by a resident of this state against a foreign corporation, though the contract was not made in this state, and though the cause of action did not arise therein; but a nonresident cannot maintain such an action, unless the contract was made within the state, or unless the cause of action arose therein. Code Civil Proc. § 1780. Unless a foreign corporation appears in such an action, and either expressly or tacitly acquiesces in the jurisdiction of the…
2Cited by5 opinions
- Shelby Steel Tube Co. v. Burgess Gun Co.Appellate Division of the Supreme Court of the State of New York · 1896
- William H. Sawyer Lumber Co. v. BussellNew York Supreme Court · 1895
- Selser Bros. v. Potter Produce Co.New York Supreme Court · 1894
- Ladenburg v. Commercial BankNew York Supreme Court · 1895
- Selser Bros. v. Potter Produce Co.New York Supreme Court · 1894