Hyperlawhypertext legal database Schwartzwaelder Co. v. Silverman 134 N.Y.S. 1114

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Schwartzwaelder Co. v. Silverman

134 N.Y.S. 1114 Court Argued April term, 1912, before SEABURY, GUY, and GERARD, JJ. Decision date 1912-05-09 English

Delivered by SEABURY, J.

Contents

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p. 1114
SCHWARTZWAELDER CO. v. SILVERMAN.
(Supreme Court, Appellate Term.
May 9, 1912.)

Headnote

Corporations (§ 661[1] )—Foreign Corporations—Right to Sue.
A foreign corporation, doing business in the state without filing the certificate required by General Corporation Law (Consol. Laws 1909, c. 23) § 15, may not maintain an action for goods sold and delivered.
[Ed. Note.—For other eases, see Corporations, Cent. Dig. §§ 2539, 2543, 2544, 2546, 2563-2567; Dec. Dig. § 661.*]
Appeal from Municipal Court, Borough of Manhattan, First District.
Action by the Schwartzwaelder Company against Charles Silver-man, doing business under the firm name and style of the Eagle Raincoat Company. From a judgment of the Municipal Court of the City of New York, rendered for plaintiff, defendant appeals. Reversed, and complaint dismissed.
Argued April term, 1912, before SEABURY, GUY, and GERARD, JJ.
Charles B. Harris, of New York City, for appellant.
Gallert & Heilborn, of New York City (Walter S. Heilborn, of New York City, of counsel), for respondent.

The plaintiff, a foreign corporation, has recovered a judgment for goods sold and delivered against the defendant. It

p. 1115
appears from the evidence that the plaintiff was doing business in the state, and that it failed to file a certificate as required by section 15 of the General Corporation Law. Under these circumstances it was prohibited access to our courts, and its complaint should have been dismissed.

Judgment reversed, with costs, and complaint dismissed, with costs. All concur.