Consolidated Copalquin Mines Co. v. Broadway Realty Co.

Appellate Terms of the Supreme Court of New York

Consolidated Copalquin Mines Co. v. Broadway Realty Co.

31 Misc. 783, 65 N.Y.S. 227

CourtAppellate Terms of the Supreme Court of New York

DecidedJune 15, 1900

StatusPublished

This text of 31 Misc. 783 (Consolidated Copalquin Mines Co. v. Broadway Realty Co.) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Consolidated Copalquin Mines Co. v. Broadway Realty Co., 31 Misc. 783, 65 N.Y.S. 227 (N.Y. Ct. App. 1900).

Pincite

Opinion

Per Guriam.

The defendant is a domestic corporation, but the complaint does not allege that it had its principal place of business within the city of New York as now constituted. Some attempt was made upon the trial to prove that such was the case, but the evidence given was insufficient to establish the fact. Under the decisions of the Appellate Division in this department the Municipal Court has no jurisdiction over a domestic corporation unless its principal place of business is established or actually located within the city of New York. As jurisdiction must affirmatively appear, the absence of averment and proof of its existence is fatal to the judgment.

Present: Beekman, P. J., Giegerioh and O’Gorman, JJ.

Judgment reversed and new trial ordered, with costs to abide event.

Free access — add to your briefcase to read the full text and ask questions with AI

Per Guriam.

The defendant is a domestic corporation, but the complaint does not allege that it had its principal place of business within the city of New York as now constituted. Some attempt was made upon the trial to prove that such was the case, but the evidence given was insufficient to establish the fact. Under the decisions of the Appellate Division in this department the Municipal Court has no jurisdiction over a domestic corporation unless its principal place of business is established or actually located within the city of New York. As jurisdiction must affirmatively appear, the absence of averment and proof of its existence is fatal to the judgment.

Present: Beekman, P. J., Giegerioh and O’Gorman, JJ.

Judgment reversed and new trial ordered, with costs to abide event.

Cite This Page — Counsel Stack

Bluebook (online)

31 Misc. 783, 65 N.Y.S. 227, Counsel Stack Legal Research, https://law.counselstack.com/opinion/consolidated-copalquin-mines-co-v-broadway-realty-co-nyappterm-1900.