Campbell v. Texas Central Railroad

City of New York Municipal Court

Campbell v. Texas Central Railroad

15 Misc. 442, 37 N.Y.S. 213, 72 N.Y. St. Rep. 792

DecidedJanuary 15, 1896

StatusPublished

This text of 15 Misc. 442 (Campbell v. Texas Central Railroad) is published on Counsel Stack Legal Research, covering City of New York Municipal Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Campbell v. Texas Central Railroad, 15 Misc. 442, 37 N.Y.S. 213, 72 N.Y. St. Rep. 792 (N.Y. Super. Ct. 1896).

Pincite

Opinion

Fitzsimons, J.

The defendant is a foreign corporation and the cause of action alleged in the complaint arose without the state.

The complaint failed to allege that plaintiff is a resident of the state. For the failure to allege that plaintiff is a resident of the state the appellant contends that the complaint is demurrable.

We think that plaintiff’s complaint is not demurrable, and that it was not necessary to allege the plaintiff’s residence within the state. Hand v. Society for Savings of Cleveland, 44 N. Y. St. Repr. 785.

The judgment must be affirmed, with costs, with leave to defendant to answer herein.

Oonlan, J., concurs.

Judgment affirmed, with costs, with leave to answer.

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