J. H. Balmer Co. v. Mallamo

New York Supreme Court

J. H. Balmer Co. v. Mallamo

142 Misc. 100, 253 N.Y.S. 37, 1931 N.Y. Misc. LEXIS 1758

DecidedOctober 26, 1931

StatusPublished

This text of 142 Misc. 100 (J. H. Balmer Co. v. Mallamo) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

J. H. Balmer Co. v. Mallamo, 142 Misc. 100, 253 N.Y.S. 37, 1931 N.Y. Misc. LEXIS 1758 (N.Y. Super. Ct. 1931).

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Opinion

Witschief, J.

The action is upon a promissory note dated at Nanuet, N. Y. The first defense alleges that the plaintiff is a foreign corporation, that it is doing business in this State, that the note was made and delivered in this State, and that plaintiff has not obtained the certificate to do business in this State required by section 218 of the General Corporation Law of 1929. This defense is good if established. It raises a question of fact which cannot be disposed of on motion.

Motion denied, with ten dollars costs.

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Witschief, J.

The action is upon a promissory note dated at Nanuet, N. Y. The first defense alleges that the plaintiff is a foreign corporation, that it is doing business in this State, that the note was made and delivered in this State, and that plaintiff has not obtained the certificate to do business in this State required by section 218 of the General Corporation Law of 1929. This defense is good if established. It raises a question of fact which cannot be disposed of on motion.

Motion denied, with ten dollars costs.

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Bluebook (online)

142 Misc. 100, 253 N.Y.S. 37, 1931 N.Y. Misc. LEXIS 1758, Counsel Stack Legal Research, https://law.counselstack.com/opinion/j-h-balmer-co-v-mallamo-nysupct-1931.