159 N.Y.S. 379 | N.Y. App. Div. | 1916
The defendant, a foreign corporation, in 1893 applied for and received from the Secretary of State a certificate of authority to do business in this State. By virtue of that certificate it was exempted from the statute whereby a foreign stock corporation, other than a moneyed corporation, was prohibited from maintaining an action in this State upon any contract made by it within the State. (Gen. Corp. Law [Gen. Laws, chap. 35; Laws of 1892, chap. 687], § 15, as amd. by Laws of 1901, chaps. 96, 538, and Laws of 1904, chap. 490; now Gen. Corp. Law [Consol. Laws, chap. 23; Laws of 1909, chap. 28], § 15.) It thereby became entitled to the same right to transact business here as a domestic corporation had. (Lancaster v. Amsterdam Imp. Co., 140 N. Y. 576, 588.) It also was entitled to plead the Statute of Limitations, as if it were a domestic corporation. (Wehrenberg v. N. Y., N. H. & H. R. R. Co., 124 App. Div. 205.) Thus, by applying for and receiving the certificate, evidencing its intention to subject itself to the jurisdiction and laws of this State, it had extended to it all the privileges, immunities and rights of action that were given to a domestic corporation. This certificate has never been revoked and is still in full force and effect. This corporation has residing here its president and an assistant secretary and treasurer, both competent to transact business of the corporation within this State, and also a freight and passenger agent was located here. The defendant kept a bank account in Hew York city.
Therefore, the motion was properly denied, and the order should be affirmed, with ten dollars costs and disbursements.
Clarke, P. J., Scott, Dowling and Smith, JJ., concurred.
Order affirmed, with ten dollars costs and disbursements.