Legal Opinion

Manning, Maxwell & Moore, Inc. v. Canadian Locomotive Co.

Appellate Division of the Supreme Court of the State of New York

Decided July 15, 1907PublishedCited by 2 opinions

Appeal by the plaintiff, Manning, Maxwell & Moore, Inc., from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county óf .New York on the 1st day of April, 1907, granting the defendant’s motion to vacate the service of the summons and complaint herein.

1Opinion of the Court

McLaughlin, J.:. -This appeal is from an order-setting aside the service .'of a summons and complaint upon the ground, as appears from the opinion of the learned justice sitting at Special Term, that the contract sought to be. enforced was entered into bet ween, two foreign corporations outside of the State of New York, .and for that reason the Supreme Court of the State of New York has no jurisdiction over the subject-m,atter of' the action.

The complaint alleges that the 'plaintiff is a foréign corporation, organized and existing under and by virtue of the laws of the State of New Jersey ;…

2Cases cited2 opinions

  1. Grant v. Cananea Consolidated Copper Co.Appellate Division of the Supreme Court of the State of New York · 1907
  2. Mabon v. Ongley Electric Co.Appellate Division of the Supreme Court of the State of New York · 1897

3Cited by2 opinions

  1. Barber v. BarberAppellate Division of the Supreme Court of the State of New York · 1910
  2. Tierney v. Helvetia Swiss Fire InsuranceAppellate Division of the Supreme Court of the State of New York · 1910

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