Shanks v. Magnolia Metal Co.

New York Supreme Court

Shanks v. Magnolia Metal Co.

35 N.Y.S. 385, 89 Hun 486, 96 N.Y. Sup. Ct. 486, 69 N.Y. St. Rep. 822

DecidedOctober 18, 1895

StatusPublished

This text of 35 N.Y.S. 385 (Shanks v. Magnolia Metal Co.) 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

Shanks v. Magnolia Metal Co., 35 N.Y.S. 385, 89 Hun 486, 96 N.Y. Sup. Ct. 486, 69 N.Y. St. Rep. 822 (N.Y. Super. Ct. 1895).

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Opinion

PER CURIAM.

We are of opinion that there was no sufficient allegation of the fact that the defendant was a corporation. The allegation in the alternative is not sufficient to satisfy the requirements of the Code,¹ which authorizes the issuing of an attachment, in certain cases, where the defendant is a foreign corporation. If the plaintiff is not willing to make his allegation in a definite form when he proceeds against a foreign corporation, he cannot procure the benefits of the statute given him, as against foreign corporations. The order should be reversed, with $10 costs and disbursements, and the motion granted, with $10 costs.

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PER CURIAM.

We are of opinion that there was no sufficient allegation of the fact that the defendant was a corporation. The allegation in the alternative is not sufficient to satisfy the requirements of the Code,¹ which authorizes the issuing of an attachment, in certain cases, where the defendant is a foreign corporation. If the plaintiff is not willing to make his allegation in a definite form when he proceeds against a foreign corporation, he cannot procure the benefits of the statute given him, as against foreign corporations. The order should be reversed, with $10 costs and disbursements, and the motion granted, with $10 costs.

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Bluebook (online)

35 N.Y.S. 385, 89 Hun 486, 96 N.Y. Sup. Ct. 486, 69 N.Y. St. Rep. 822, Counsel Stack Legal Research, https://law.counselstack.com/opinion/shanks-v-magnolia-metal-co-nysupct-1895.