Bradley Fertilizer Co. v. South Publishing Co. — 49 N.Y. St. Rep. 924

Majority

p. 924

The Bradley Fertilizer Company, Resp’t, v. The South Publishing Company, App’lt.

Headnote

Appeal from judgment in favor of plaintiff.

George Walton Green, for resp’t; Herbert H. Gibbs, for app’lt.

There are but two questions raised on this appeal:

Hirst. Did the defendant at the 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.

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.

p. 925

There are no exceptions in the case that will warrant us in disturbing the judgment.

Judgment affirmed, with costs.

Ehrlich, Oh. J., concurs.