United States Vinegar Co. v. Foehrenbach — 26 N.Y.S. 632

Majority

p. 632

UNITED STATES VINEGAR CO. v. FOEHRENBACH et al.

'(Supreme Court, General Term, First Department.

December 15, 1893.)

Headnote

Evidence—Records op Another State.

Under Laws 1877, c. 311, providing that certificates under the great seal of a foreign state are admissible in evidence in New York, a copy of the charter of an Illinois corporation, certified under the great seal of the state, is sufficient to prove incorporation under the laws of Illinois, without an exemplified copy, under Rev. St. U. S. § 906.

Appeal from circuit court, Hew York county.

Action by the United States Vinegar Company against Francis Foehrenbach and Michael Foehrenbach. From a judgment entered on a verdict in favor of plaintiff for $2,350, defendants appeal.

Affirmed.

Argued before VAN BRUNT, P. J., and FOLLETT and PARKER, JJ.

Benno Loewy, for appellants.

Ten Eyck & Remington, (S. R. Ten Eyck, of counsel,) for respondent.

An examination of the argument of the appellants discloses that all of the questions discussed, involving the merits, were passed upon by this court in Vinegar Co. v. Schlegel, 67 Hun, 356 , 22 N. Y. Supp. 407 . Their further consideration at thisi time we deem unnecessary.

Appellants’ contention that the plaintiff failed to prove its incorporation under the laws of the state of Illinois, because the certificate of its secretary of state to such effect was not exemplified, as required by section 906, U. S. Rev. St., is without force. Section 27, c. 32, of the Revised Statutes of the State of Illinois reads as follows:

“Certified Copy of Charter Evidence. The certified copy of any articles of incorporation, and changes thereof, together with all indorsements thereon, under the great seal of the state of Illinois, shall be taken and received in all courts and places as prima facie evidence of the facts therein stated.”

This certificate is under the great seal of the state of Illinois, and therefore receivable in evidence by the courts of that state as prima facie evidence of the facts therein stated. By chapter 311, Laws

p. 633

1877, it is provided that such certificates shall he received by the courts of this state with the same force and effect, in all respects, as prima facie evidence, as in the state from which the certificate comes. The judgment should be affirmed, with costs. All concur.