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Bradley Fertilizer Co. v. South Publishing Co.

21 N.Y.S. 472 Court N.Y. City Ct. Decision date 1892-12-22 English

Delivered by NEWBURGER, J.

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p. 472
BRADLEY FERTILIZER CO. v. SOUTH PUB. CO.
(City Court of New York, General Term.
December 22, 1892.)

Headnote

City Court op New York—Jurisdiction—Foreign Corporations. Where the transactions giving rise to an action all occur in the city of New York, the city court of New York has jurisdiction, though both parties may be foreign corporations.
Appeal from trial term.
Action by the Bradley Fertilizer Company against the South Publishing Company for goods sold and delivered. There was a judgment in plaintiff’s favor, and defendant appeals. Affirmed.
For former reports, see' 14 N. Y. Supp. 917 , reversed by 17 N. Y. Supp. 587 .
Argued before EHRLICH, C. J., and NEWBURGER, J.
Herbert H. Gibbs, for appellant.
George Walton Green, for respondent.

There are but two questions raised on this appeal: First, did the defendant at 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.

p. 473
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. Judgment affirmed, with costs.