Harriott v. New Jersey Railroad
New York Court of Common Pleas
Appeal from a judgment at the special term, dismissing the complaint. The action was brought to recover damages, laid in the complaint at $800, for killing a horse belonging to plaintiff) through the negligence of defendant’s servants. The pleadings did not show where the plaintiff resided. They showed, however, that the defendants were a corporation created by the laws of New Jersey, but having an office, and owning property within this state.
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Appeal from a judgment at the special term, dismissing the complaint. The action was brought to recover damages, laid in the complaint at $800, for killing a horse belonging to plaintiff) through the negligence of defendant’s servants. The pleadings did not show where the plaintiff resided. They showed, however, that the defendants were a corporation created by the laws of New Jersey, but having an office, and owning property within this state. The alleged killing of the plaintiff’s horse took place in New Jersey. On the first trial of the cause it appeared in evidence that the plaintiff was…
1Opinion of the Court
By the Court, Brady, J.
The Code, by section 33, subdivision 3, defines the jurisdiction of the Court of Common Pleas over actions against foreign corporations, and confers it only where the action is for a debt or damages, whether liquidated or not, arising upon contract made, executed, or delivered in this State, or where the cause of action arises therein. Section 427 provides that an action may be commenced in the Supreme Court, the Superior Court of the city of New York, and in the Court of Common Pleas for the city and county of New York, by a resident of this state, for any cause of…
2Cases cited1 opinion
- Davis v. PackardSupreme Court of the United States · 1833
3Cited by5 opinions
- Pease v. Delaware, Lackawanna & Western RailroadNew York Court of Common Pleas · 1882
- Baxter v. McDonnellAppellate Division of the Supreme Court of the State of New York · 1897
- Galt v. Provident Savings BankNew York Supreme Court · 1886
- Smith v. ButlerNew York Court of Common Pleas · 1865
- Brooks v. Mexican National Construction Co.The Superior Court of New York City · 1884