Practice Reports in the Supreme Court, Vol. 10
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Excerpt from Practice Reports in the Supreme Court, Vol. 10: And Court of Appeals of the State of New-York A bill of exchange was drawn by the defendant, a railroad company, by its president, in Poultney, in the state of Vermont, in which state the company was chartered, payable four months from date at the Exchange Bank in New-York, and upon J. W. Baldwin, treasurer of the company in Boston; and accepted in Boston by J. W. Baldwin as treasurer, payable at the Exchange Bank in New-York, and endorsed by J. W. Baldwin, treasurer, and sold to the Bank of Commerce in Boston; and payment demanded at maturity at the Exchange Bank in New-York and refused, and the bill protested: held, that, although the company could be treated as acceptor of the bill, or maker of promissory note, and sued without presentment for payment at the Exchange Bank in New-York, yet the cause of action arose in this state; and the Bank of Commerce could sue the company and attach its property in this state. When a contract is made at one place, but is to be performed at another, as to its validity, nature, obligation, and interpretation, it is to be governed by the law of the place of performance. The breach of duty is the substantial cause of action. What is meant by the phrase, "the cause of action arose?" Foreign corporations have a right to bring suits in this state. The provisions of the Revised Statutes, authorizing suits against foreign corporations, as amended in 1849, are not repealed by the Code. Under the Code, a suit may be brought against a foreign corporation, it seems, without an application in writing, or affidavit, or attachment. Service here upon (he superintendent and general managing agent of a foreign railroad corporation, in the possession of, and using a railroad in this state, is a good service within § 134 of the Code. It seems, a judgment against a foreign corporation, in a suit properly brought under the Code, is of the same validity and effect as a judgment against any nonresident obtained without personal service or appearance. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
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