Legal Opinion
Consumers Lumber Co. v. Lincoln
Appellate Division of the Supreme Court of the State of New York
Decided March 29, 1929PublishedCited by 4 opinions
1Per curiam
Plaintiff is a foreign corporation. The defendant Colburn was residing in this State when served with the summons herein. The defendant Lincoln, though a non-resident, was served in this State. The complaint has been dismissed on the ground that the court had not jurisdiction of the action (Rules Civ. Prac. rule 107) which is brought to recover for a tort committed in the State of Vermont. Colburn, who took part in the commission of the tort, was at that time a resident of the State of Vermont.
A personal action sounding in tort is transitory. A non-resident *485plaintiff has the right to…
2Cases cited4 opinions
- O'Donoghue v. . BoiesNew York Court of Appeals · 1899
- Crashley v. . Press Publishing Co.New York Court of Appeals · 1904
- King v. PooleNew York Supreme Court · 1862
- Woicianowicz v. Philadelphia & Reading Coal & Iron Co.New York Court of Appeals · 1921
3Cited by4 opinions
- Electronic Race Patrol, Inc. v. National Trailer Convoy, Inc.District Court, S.D. New York · 1961
- Brenner v. Great Cove Realty Co.New York Court of Appeals · 1959
- Adams v. HirschNew York Supreme Court · 1961
- O'Connor v. La PapilaCity of New York Municipal Court · 1956