Furbush v. Clarkson — 17 A.D. 327

Majority

p. 327

Charles A. Furbush, Appellant, v. James S. Clarkson, Respondent, Impleaded with Allen T. Nye.

Headnote

Jurisdiction-of non-residents—assumed in actions on contract.

The courts of the State of New York will take jurisdiction of an action upon contract, although the parties thereto are all non-residents.

Appeal by the plaintiff, Charles A. Furbush, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 3d day of February, 1897, setting aside the service of the summons and dismissing the complaint against the defendant Clarkson.

J. Edward Aekley, for the appellant.

Jas. McNaught, for the respondent.

The respondent appeared specially in this case for the purpose of moving to set aside the service of the summons and to dismiss the complaint, solely upon the ground that all the parties being residents of the State of Pennsylvania, the courts of this State would not take jurisdiction of an action for breach of a. contract between them, and the motion was granted for that reason only. This is not the law. It is settled that the "courts of this State will entertain jurisdiction of an action on contract, although both the plaintiff and the defendant are .non-residents. (Smith v. Crocker, 14 App. Div. 245 .)

p. 328

The order should be .reversed, with ten dollars costs and disbursements, and motion denied, with ten dollars costs.

Van Brunt, P. J., Williams, Patterson and Parker, JJ., concurred.

Order reversed, with ten dollars costs and disbursements, and motion denied, with ten dollars costs. '