From Casetext: Smarter Legal Research

Germania Fire Insurance Company v. Francis

Court of Appeals of the State of New York
Dec 2, 1890
122 N.Y. 651 (N.Y. 1890)

Summary

In Germania Fire Insurance Company v. Francis, 11 Wall. 210, 216, 20 L.Ed. 77, the court said: "The declaration avers that the plaintiff in error (the defendant in the court below) is a corporation created by an act of the legislature of the State of New York, located in Aberdeen, Mississippi, and doing business there under the laws of the State. This, in legal effect, is an averment that the defendant was a citizen of New York, because a corporation can have no legal existence outside of the sovereignty by which it was created.

Summary of this case from Babcock Wilcox Co. v. Spaulding

Opinion

Argued October 16, 1890

Decided December 2, 1890

G.W. Cotterill for appellant.

John E. Risley for respondent.


Agree to affirm; no opinion.

All concur.

Judgment affirmed.


Summaries of

Germania Fire Insurance Company v. Francis

Court of Appeals of the State of New York
Dec 2, 1890
122 N.Y. 651 (N.Y. 1890)

In Germania Fire Insurance Company v. Francis, 11 Wall. 210, 216, 20 L.Ed. 77, the court said: "The declaration avers that the plaintiff in error (the defendant in the court below) is a corporation created by an act of the legislature of the State of New York, located in Aberdeen, Mississippi, and doing business there under the laws of the State. This, in legal effect, is an averment that the defendant was a citizen of New York, because a corporation can have no legal existence outside of the sovereignty by which it was created.

Summary of this case from Babcock Wilcox Co. v. Spaulding
Case details for

Germania Fire Insurance Company v. Francis

Case Details

Full title:THE GERMANIA FIRE INSURANCE COMPANY, Appellant, v . JOHN R. FRANCIS…

Court:Court of Appeals of the State of New York

Date published: Dec 2, 1890

Citations

122 N.Y. 651 (N.Y. 1890)

Citing Cases

Yorkshire Ins. Co., Ltd., v. Brewer

This court will not reverse for errors in the rulings on pleadings, where the whole case has been developed…

Whittington v. State

In passing on a ruling of the lower court the Supreme Court will look to the whole record, and if in the…