Chambers v. Feron & Ballou Co.
New York Supreme Court
Action by Alexander Chambers against the Feron & Ballou Company to recover for machinery sold and delivered.
1Opinion of the CourtMcADAM, J.
The plaintiff is a resident of Pennsylvania; the defendant, a foreign corporation. The contract sued upon was made in Illinois, and was to be performed there. These undisputed facts deprive the court of jurisdiction, and the objection need not be specially pleaded in defense. It is sufficient that it is made when the facts appear at the trial. Robinson v. Navigation Co., 112 N. Y. 315, 19 N. E. 625; Perry v. Transfer Co. (Com. Pl.) 19 N. Y. Supp. 239; Bogert v. Engine Works, 28 App. Div. 463, 51 N. Y. Supp. 118; Manda v. Wells, Fargo & Co., 21 Misc. Rep. 308, 47 N. Y. Supp. 182. The…
2Cases cited6 opinions
- Robinson v. Oceanic Steam Navigation Co.New York Court of Appeals · 1889
- Hopper v. . HopperNew York Court of Appeals · 1891
- Perry v. Erie Transfer Co.New York Court of Common Pleas · 1892
- Bogert v. Otto Gas Engine WorksAppellate Division of the Supreme Court of the State of New York · 1898
- Harriott v. New Jersey Railroad & Transportation Co.New York Court of Common Pleas · 1860
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- King v. NortonNew York Supreme Court · 1901
- In re SalhusNorth Dakota Supreme Court · 1933