Legal Opinion

Mabon v. Ongley Electric Co.

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

Decided December 15, 1897No. 1Published

Appeal by the plaintiff, John S. Mabon, as receiver of The Ongley Electric Company, from an interlocutory judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Uew York on the 28th day of May, 1897, upon the decision of the court, rendered after a trial .at the Uew York Special Term, sustaining the defendant’s demurrer to the complaint on the grounds that the court had no jurisdiction of the subject of the action, and…

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Appeal by the plaintiff, John S. Mabon, as receiver of The Ongley Electric Company, from an interlocutory judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Uew York on the 28th day of May, 1897, upon the decision of the court, rendered after a trial .at the Uew York Special Term, sustaining the defendant’s demurrer to the complaint on the grounds that the court had no jurisdiction of the subject of the action, and that the complaint did not state facts sufficient to constitute a cause of action.

1Opinion of the Court

Williams, J.:

The complaint alleged in brief that the defendant was a Uew Jersey corporation, organized in January, 1891, for the manufacture and sale of electrical and mechanical devices and appliances, and for the purchase and sale of patents therefor ; that the corporation had a factory and office in the State of Uew Jersey, but had its principal office in the city of Uew York, and transacted its principal business, other than manufacturing, in the State of Uew York ; that in January, 1895, the Court of Chancery in the State of Uew Jersey, in an action wherein Hopkins and Dickson were…

2Cases cited4 opinions

  1. Hoyt v. . Thompson'sNew York Court of Appeals · 1859
  2. Runk v. St. JohnNew York Supreme Court · 1859
  3. Pugh v. HurttNew York Supreme Court · 1875
  4. Van Slyke v. . BushNew York Court of Appeals · 1890

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