Legal Opinion · Concurrence

Baltimore Publishing Co. v. Swedish-America Mexico Line, Ltd.

Appellate Terms of the Supreme Court of New York

Decided March 25, 1932Published

1Concurrence

Levy, J. (concurring).

While I concur in the result reached by my associates, my inability to accept either opinion in its entirety constrains me to make independent expression on the subject. To rest the decision upon the view that jurisdiction of the person is involved is to base it upon what seems to me a legal fiction designed to create a vehicle to preserve the rights of the plaintiff and to vindicate the interests of justice. Laudable though the object may be, it cannot be logically defended.

Section 225 of the General Corporation Law, in so far as it is germane, provides that “An action…

2Cases cited11 opinions

  1. Kane v. New JerseySupreme Court of the United States · 1916
  2. Hunt v. . HuntNew York Court of Appeals · 1878
  3. Davis v. Farmers Co-Operative Equity Co.Supreme Court of the United States · 1923
  4. Louisville Trust Co. v. ComingorSupreme Court of the United States · 1902
  5. Robinson v. Oceanic Steam Navigation Co.New York Court of Appeals · 1889

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