Hyperlawhypertext legal database Lawrence v. New Jersey Railroad 1 How. Pr. 250

← Cases

Lawrence v. New Jersey Railroad

1 How. Pr. 250 Court N.Y. Sup. Ct. English

Delivered by Beardsley, Justice.

Contents

Majority

p. 250
Samuel T. Lawrence Jr.. &c. vs. The New Jersey Railroad and Transportation Company.

Headnote

A suit against a foreign corporation can not be commenced by original writ or summons. Attachment is the only mode provided by statute.
Motion by defendants to quash the original writ or summons in this cause for irregularity.—Defendants showed that they were a corporation created exclusively under and by the laws of the state of New Jersey, and their whole capital stock was invested in a railroad and its appurtenances within the state of New Jersey.
The original writ or summons was served on the president of the com
p. 251
pany in the city of New York, where it was alleged the defendants had an office for the transaction of business: the president’s residence being at Newark, N. J.
A. Taber, Lefts Counsel. Francis Griffin, Lefts Atty.
P. Cagger, Lefts Counsel. Wm. Grandin, Lefts Attys.

Held, that a suit against a foreign corporation could not be commenced by original writ or summons. The statute prescribed the mode, which was by attachment. (2 R. S. 459) Motion granted, with costs.