Campbell v. Texas Central Railroad — 72 N.Y. St. Rep. 792

Majority

p. 792

Bernhard Campbell, Resp’t, v. Texas Central Railroad Company, App’lt.

(New York City Court, General Term,

Filed January 28, 1896.)

Headnote

Corporations—Foreign—Actions against.

A complaint against a foreign corporation on a cause of action, which arose without the state, is not demurrable in that it fails to allege the plaintiff’s residence within the slate.

Appeal from an order, overruling a demurrer to the complaint.

Richards & Heald, for app’lt ; Foley & Powell, for resp’t.

—The defendant is a foreign corporation, and the cause of action alleged in the complaint arose without the state. The complaint failed to allege that plaintiff is a resident of the state. For the failure to allege that plaintiff is a resident of the state, the appellant contends that the complaint is demurrable. We think that plaintiff’s complaint is not demurrable, and that it was not necessary to allege the plaintiff’s residence within the state. Hand v. Society for Savings, 44 St. Rep. 785 .

The judgment must be affirmed, with costs, with leave to defendant to answer herein.