104 Misc. 596 | N.Y. App. Term. | 1918
The action is for goods sold and delivered and brought by the assignee of a foreign corporation, the original vendor. After proof of plaintiff’s cause of action the complaint was dismissed on the ground that plaintiff’s assignor had not obtained the certificate required by section 15 of the General Corporation Law, which provides that “Mo foreign stock corporation doing business in this state shall maintain any action in this state upon any contract made by it in this state, unless prior to the making of such contract it shall have procured such certificate. This prohibition shall also apply to any assignee of such foreign stock corporation and to any person claiming under such assignee or such foreign stock corporation or under either of them.”
It is uncontradicted that the American Metal Moulding Company, plaintiff’s assignor, is a Mew Jersey corporation having its place of business in Mew Jersey, that it has no office or place of business of any kind in Mew York, but sells here by salesmen who come over and solicit trade from customers in this state. The
As plaintiff’s vendor was not doing business within this state and the contract was not made here within the meaning of the statute, the dismissal of the complaint was error, and judgment must be reversed and
Lehman and Finch, JJ., concur.
Judgment reversed and new trial ordered, with costs to appellant to abide event.