113 N.Y.S. 60 | N.Y. App. Div. | 1908
The defendant appeals from a judgment in favor of the plaintiff in an action on a promissory note. The points are made (a) that the plaintiff, a foreign corporation, cannot maintain the action for failure to comply with section 15 of the General Corporation Law,
The complaint alleges that the note sued on was made at the city of Chicago, 111. That allegation is not put in issue by the answer, and we find nothing in the record tending to disprove it. It is unnecessary, therefore, to consider whether the plaintiff was “ doing business in this State ” within the meaning of said- statute, as the suit is not brought upon a contract made by it in this State.
The answer alleged, in effect, that the plaintiff contracted to sell certain goods, wares and merchandise to the defendant, but failed to perform its contract and to. deliver all of the goods so sold ; that it brought a suit in- the City Court of New York to recover for the goods actually delivered, in which suit the defendant interposed a defense; that .the note in suit was executed and delivered pursuant to and in consideration of an agreement of compromise wherein it was agreed that the plaintiff should discontinue the action pending in the City Court and deliver the goods which it had theretofore
The judgment is reversed.
Woodward, Hooker, Gaynor and Rich, JJ., concurred.
Judgment of the Municipal Court reversed and new trial ordered, costs to abide the event.
See Laws of 1892, chap. 687, § 15, as amd. by Laws of 1901, chaps. 96, 538, and Laws of 1904, chap. 490.—[Rep.