Olcott v. Tioga Railroad
New York Supreme Court
APPEAL by the plaintiff from a judgment entered at a special term, upon the report of a referee. The action was brought upon a draft for $9064.71, made on the 19th of May, 1841, by the Tioga Navigation Company, now the Tioga Rail Road Company, on Hiram W. Bostwick, treasurer of the Tioga Coal, Iron, Mining and Manufacturing Company, payable to the order of Rogers, Ketchum & Grosvenor, and duly accepted: The referee found the following facts: That the defendant, a foreign…
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APPEAL by the plaintiff from a judgment entered at a special term, upon the report of a referee. The action was brought upon a draft for $9064.71, made on the 19th of May, 1841, by the Tioga Navigation Company, now the Tioga Rail Road Company, on Hiram W. Bostwick, treasurer of the Tioga Coal, Iron, Mining and Manufacturing Company, payable to the order of Rogers, Ketchum & Grosvenor, and duly accepted: The referee found the following facts: That the defendant, a foreign corporation, was created by act of the legislature of Pennsylvania. That J ames Wilson, as president of the Tioga Rail Road…
1Opinion of the Court
By the Court, E. Darwin Smith, J.
Whether the statute of limitations is a good defense in behalf of a foreign corporation in an action upon contract, is the only point presented in this case for our decision. The referee has found, *157as a conclusion of law, that the plaintiff's debt is barred by the statute of limitations, and that the defendant was entitled to a nonsuit on that ground. His decision was expressly put upon the case of Faulkner v. The Delaware and Raritan Canal Co., (1 Denio, 441,) • in which the precise point held by the referee is distinctly decided, and we are now confessedly…
2Cases cited3 opinions
- Bank of Augusta v. EarleSupreme Court of the United States · 1839
- Anderson v. JacksonNew York Supreme Court · 1819
- Faulkner v. Delaware & Raritan Canal Co.Court for the Trial of Impeachments and Correction of Errors · 1845
3Cited by1 opinion
- Greenbaum v. SteinNew York Court of Common Pleas · 1867