Jacobus v. . Colgate
New York Court of Appeals
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the second judicial department, entered December 24, 1914, which affirmed an interlocutory judgment of Special Term overruling a demurrer to the complaint.
Read the full summary
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the second judicial department, entered December 24, 1914, which affirmed an interlocutory judgment of Special Term overruling a demurrer to the complaint. The following questions were certified: 1. Has the Supreme Court jurisdiction of the subject of an action, commenced on January 5, 1914, and brought to recover damages for injuries to real property located in another state, which said injuries were incurred on August 13, 1882, notwithstanding that seasonable objection is raised thereto ? 2. Does section…
1Opinion of the CourtCardozo, J.
This case comes here on a demurrer to a complaint. The plaintiff’s assignors were the owners of a milling plant in Kansas. .More than thirty-three years ago, in August, 1882, the defendant, according to the averments of the complaint, “ wilfully and wantonly ” set fire to the plant and destroyed the mill and its contents. In December, 1913, the owners of the plant assigned their cause of action to the plaintiff, who is a resident of this state. In January, 1914, the summons was served.
The first question to be determined is whether the courts of New York have jurisdiction of the action. For…
2Cases cited36 opinions
- Huntington v. AttrillSupreme Court of the United States · 1892
- Slater v. Mexican National RailroadSupreme Court of the United States · 1904
- Gaines v. . City of New YorkNew York Court of Appeals · 1915
- Stone v. United StatesSupreme Court of the United States · 1897
- United States v. HethSupreme Court of the United States · 1806
31 more not listed; retrieve them via the Exa API.
3Cited by221 opinions
- Majewski v. Broadalbin-Perth Central School DistrictNew York Court of Appeals · 1998
- Longines-Wittnauer Watch Co. v. Barnes & Reinecke, Inc.New York Court of Appeals · 1965
- Kronos, Inc. v. AVX Corp.New York Court of Appeals · 1993
- Caronia v. Philip Morris USA, Inc.Court of Appeals for the Second Circuit · 2013
- Matter of Berkovitz v. . Arbib HoulbergNew York Court of Appeals · 1921
216 more not listed; retrieve them via the Exa API.