67 A.D. 457 | N.Y. App. Div. | 1902
The plaintiff, being a foreign corporation doing business in the State of Hew York, brought this action apparently for conversion. The complaint contained an allegation that the plaintiff had pi-o-cured from the Secretary of State a certificate that it had complied with all the requirements of law to authorize it to do business, in this State, as provided by section 15 of the General Corporation Law of this State (Laws of 1892, chap. 687, amdg. Laws of 1890, chap. 563). Ho allegation was contained in the papers showing
. The objection that this application was passed upon by another justice does not seem to be well taken. Even if that had been the case, we think that the granting of the'-order to show cause by the justice who heard the original application would be a sufficient indication.upon his part that leave was granted for the purpose of a rehearing. We think that because of the failure of the plaintiff to show compliance with the provisions of the statute, it could not maintain its action in the courts of this State, and that the motion to vacate .the order of arrest should have been granted.
The order should be reversed, with ten dollars costs and disbursements, and the motion granted, with ten dollars costs.
Ingraham, McLaughlin- and Laughlin, JJ., concurred.
Order. reversed, with ten dollars costs and-disbursements, and. motion granted, with ten dollars costs.