E. H. Stafford Manufacturing Co. v. Newman
Appellate Terms of the Supreme Court of New York
Appeal by plaintiff from a judgment dismissing the complaint rendered in the Municipal Court of the city of New York, borough of Manhattan, seventh district.
1Opinion of the CourtGuy, J.
This action is brought to recover the value of goods sold and delivered.
The complaint alleges that the plaintiff is a foreign corporation, but neither the complaint nor the answer alleges that the plaintiff was doing business ■ in this State, or, that the goods were sold or delivered within the State.
' The contract sued on, to deliver goods “ f.o.b.” in Illinois, was an Illinois contract. See 35 Cyc. 174; Cahen v. Platt, 69 N. Y. 348. The learned trial judge dismissed the complaint on the ground that the plaintiff corporation was doing business within the State.and had not obtained a…
2Cases cited4 opinions
- Cahen v. . PlattNew York Court of Appeals · 1877
- Bremer v. RingAppellate Division of the Supreme Court of the State of New York · 1911
- Johnston v. ScottNew York Supreme Court · 1912
- Acorn Brass Manufacturing Co. v. RutenbergAppellate Division of the Supreme Court of the State of New York · 1911
3Cited by1 opinion
- Pittsburg & Shawmut Coal Co. v. StateNew York Court of Claims · 1922