Herbert v. Montana Diamond Co. of America
Appellate Division of the Supreme Court of the State of New York
• Appeal by the plaintiff, Richard S. Herbert, from an interlocutory judgment of the Supreme Court in favor of the defendant Montana Diamond Company of America, entered in the office of the clerk of the county of New York on the 8th day of November, 1902, upon the decision of the court, rendered after a trial at the New York Special Term, sustaining said defendant’s demurrer to the, .plaintiff’s complaint.
1Opinion of the Court
Hatch, J.:
The defendant states two grounds of demurrer to the complaint: “ I. That as appears upon the face of the complaint, the court has not jurisdiction of the person of this defendant. II. That as appears upon the face of the complaint, the complaint does not state facts sufficient to constitute a cause of action.”
The complaint avers that the defendant is a foreign corporation, organized under the laws of the State of New Jersey ; that on or about the 7th day of May, 1900, at the city of Philadelphia, in the State of Pennsylvania, the defendant entered into an agreement with one Warner…
2Cases cited4 opinions
- Robinson v. Oceanic Steam Navigation Co.New York Court of Appeals · 1889
- The Phoenix Bank v. . DonnellNew York Court of Appeals · 1869
- Perkins v. . StimmelNew York Court of Appeals · 1889
- Bogert v. Otto Gas Engine WorksAppellate Division of the Supreme Court of the State of New York · 1898
3Cited by5 opinions
- Yager v. YagerAppellate Division of the Supreme Court of the State of New York · 1925
- Fuller v. FullerSupreme Court of Georgia · 1961
- Grant v. GreeneNew York Supreme Court · 1908
- Pratt v. Pennsylvania RailroadAppellate Terms of the Supreme Court of New York · 1910
- Hubbard v. United Wireless Telegraph Co.New York Supreme Court · 1909