Legal Opinion
O'Reilly, Skelly & Fogarty Co. v. Greene
City of New York Municipal Court
Decided June 15, 1896PublishedCited by 2 opinions
Appeal from a final judgment arid from an interlocutory judgment o-f this court overruling a demurrer to the amended complaint of the plaintiff.
1Opinion of the CourtO’Dwyeb, J.
Defendant demurs upon the grounds-: ■
“ I. That the complaint does not state facts sufficient to constitute a cause of action. . , ■ .
*303“II. That the plaintiff has not legal capacity to- sue, in that it is not an existing foreign corporation, and that it is not alleged that it is authorized to do business in the state of New York and maintain an action in the courts of said state, and has procured a certificate from the secretary of state of said state; that it has complied with all the requirements of law to authorize it to do business in said state, and that the business of the said plaintiff…
2Cases cited4 opinions
- Demarest v. . FlackNew York Court of Appeals · 1891
- United States Vinegar Co. v. SchlegelNew York Court of Appeals · 1894
- Providence Steam & Gas Pipe Co. v. ConnellNew York Supreme Court · 1895
- Nicoll v. ClarkNew York Court of Common Pleas · 1895
3Cited by2 opinions
- Zion Co-operative Mercantile Ass'n v. MayoMontana Supreme Court · 1899
- Simplex Dairy Co. v. ColeU.S. Circuit Court for the District of Southern New York · 1898