The Bradley Fertilizer Co. v. The South Publishing Co.

City of New York Municipal Court

The Bradley Fertilizer Co. v. The South Publishing Co.

1 Misc. 512

DecidedNovember 15, 1892

StatusPublished

This text of 1 Misc. 512 (The Bradley Fertilizer Co. v. The South Publishing Co.) 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.

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The Bradley Fertilizer Co. v. The South Publishing Co., 1 Misc. 512 (N.Y. Super. Ct. 1892).

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Opinion

Newburger, J.

There are but two questions raised on this appeal.

First. Did the defendant, at the time of the sale and delivery of the goods by plaintiff, exist as a corporation; and second, Were both parties foreign corporations.

The first question was properly submitted to the jury by the trial justice, and no exception thereto was taken.

As to the second question, the evidence clearly shows the defendant transacted its business with plaintiff in the city of New York, and, therefore, the trial justice properly denied the motion for a nonsuit.

There are no exceptions in the case that will warrant us in disturbing the judgment.

Ehrlich, Ch. J., concurs.

Judgment affirmed, with costs.

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