McDowell v. Starobin Electrical Supply Co.
Appellate Terms of the Supreme Court of New York
Appeal by plaintiff from a judgment of the Municipal Court of the City of Mew York, borough of Manhattan, first district, in favor of defendant, dismissing the complaint for failure of proof, after a trial before the court without a jury.
1Opinion of the CourtPendleton, J.
The action is for goods sold and delivered and brought by the assignee of a foreign corporation, the original vendor. After proof of plaintiff’s cause of action the complaint was dismissed on the ground that plaintiff’s assignor had not obtained the certificate required by section 15 of the General Corporation Law, which provides that “Mo foreign stock corporation doing business in this state shall maintain any action in this state upon any contract made by it in this state, unless prior to the making of such contract it shall have procured such certificate. This prohibition shall also apply…
2Cases cited5 opinions
- Penn Collieries Co. v. . McKeeverNew York Court of Appeals · 1905
- Angldile Computing Scale Co. v. GladstoneAppellate Division of the Supreme Court of the State of New York · 1914
- American Can Co. v. Grassi Contracting Co.Appellate Terms of the Supreme Court of New York · 1918
- L. C. Page & Co. v. SherwoodAppellate Division of the Supreme Court of the State of New York · 1911
- Gilmer Bros. v. SingerAppellate Terms of the Supreme Court of New York · 1914
3Cited by2 opinions
- Indian Ref. Co., Inc. v. Royal Oil Co., Inc.California Court of Appeal · 1929
- Spiegel, May, Stern Co. v. MitchellNew York Supreme Court · 1925