179 A.D. 921 | N.Y. App. Div. | 1917
Dissenting Opinion
While the case of Meyers v. American Locomotive Co. (201 N. Y. 163) would seem to require a reversal of this judgment, I cannot believe it was the intention of that court to extend the jurisdiction of County Courts to foreign corporations and residents of other States, thus overruling many of their own decisions, to which reference is not made in the opinion nor in briefs of counsel. Briefly stated, the facts in the case at bar are these: An action was commenced in the County Court of Bronx county against the Borden’s Condensed Milk Company to recover $2,000 damages for personal injuries sustained by reason of the alleged negligence of the defendant. The complaint alleges that the defendant is a New Jersey corporation doing business in this State and that part of its plant is actually located within the county of Bronx. The defendant’s answer consisted practically of a general denial and a plea of contributory negligence. Upon the trial, at the conclusion of the plaintiff’s case, the defendant’s attorney moved to dismiss the complaint upon the ground that the court had no jurisdiction. The judge granted the motion. In my opinion, this decision was right. The Constitution of the State of New York provides: “ County Courts shall have * * * original jurisdiction in actions for the recovery of money only, where the defendants reside in the county, and in which the complaint demands judgment for a sum not exceeding two thousand dollars.” (Art. 6, § 14.) A foreign corporation cannot become a resident of a State other than the State of its creation. (Paul v. Virginia, 75 U. S. [8 Wall.] 181.) As a condition of allowing the foreign corporation to do business in the State, this State may impose such conditions as it sees fit, and can confer jurisdiction upon a court of limited jurisdiction over such a corporation. (Code Civ. Proc. § 315, subd. 1; Mun. Ct. Code, § 6, subd. 4.
Laws of 1915, chap. 279, § 6, subd. 4.— [Rep.
See 2 R. S. 168, § 2, subd. 3.— [Rep.
Lead Opinion
Judgment reversed and new trial ordered, with costs to appellant to abide event, on the authority of Meyers v. American Locomotive Co. (201 N. Y. 163). Present — Clarke, P. J., Scott, Dowling, Page and Davis, JJ.; Page and Davis, JJ., dissented.