30 How. Pr. 242 | N.Y. Sup. Ct. | 1866
Lead Opinion
This is an action brought by the plaintiff, a citizen of Missouri, against the defendant, a citizen of Connecticut, for combining and conspiring with other citizens of the latter .state to defraud him by false representations. The defendant was one of several direc
This question, or rather questions nearly similar to it, have been presented in a few previous instances to our courts. There are, undoubtedly, several reported cases where they have entertained such a jurisdiction ; but the first of which I have any knowledge, in which the question was directly presented and passed upon, is Gardner agt. Johnson (14 J. R. 134). There it was indeed asserted by the justice who delivered the opinion in that case, that this court may take cognizance of a tort committed on the high seas, on board of a foreign vessel, both parties being citizens of the country to which the vessel belongs, but that it should rest in the sound discretion of the court to
For these reasons the judgment should be reversed, with costs.
Dissenting Opinion
I am not willing to concede that even in cases of personal torts committed in foreign countries, the supreme court has not jurisdiction of an action for damages where the parties are within the jurisdiction of the court. That jurisdiction depends upon the person, and not on the place where the acts complained of took place. Although in such cases some judges have expressed an opinion that the courts could refuse to exercise such jurisdiction, I do not understand the rule to have been extended to actions for fraud in regard to property, even if such fraud was committed in another country. That fact might have weight upon a question of bail, but ought not to on » question of jurisdiction. A party may
I concur with Davies, J., in Mussina agt. Belden (6 Abb. Rep. p. 165), in the decision that the courts of this state have jurisdiction of actions for torts in Regard to property, although they were committed out of the state, and although the parties were/ resident abroad, if the defendant was served with process in the state.
The judgment should be affirmed.