14 Misc. 23 | New York Court of Common Pleas | 1895
The evidence adduced with regard to the contract sued upon supports the plaintiff’s recovery, and the sole point in the case involves a question of jurisdiction. In our view, this question is to be solved favorably to the appellant. It is conceded that the plaintiff is a foreign corporation, not doing business within the state, and that the defendant is also a foreign corporation, but having an office for the transaction of business within the jurisdictional limits of the district court wherein the trial was had. There is no question as to the situs of property in the case, and the record is silent as to the place where the contract was made, or where the cause of action arose. Hence, under the provisions of section 1780 of the Code of Civil Procedure, the action was not to be entertained by any court of this state. The fact that the parties were foreign corporations being shown, the restrictions contained within the statute (Code Civ. Proc. § 1780)
Code Civ. Proc. § 1780, provides that an action may be maintained by one foreign corporation against another only in certain cases.