Appellate Terms of the Supreme Court of New York, 1899

McKenna v. Fireman's Insurance

Appellate Terms of the Supreme Court of New York · Decided June 15, 1899 · Freedman

28 Misc. 173; 59 N.Y.S. 41

Counsel

Wm. E. Murry, for appellant., Francis D. Hoyt, for respondent.

Opinion of the Court

Freedman, P. J.

The complaint in this action avers that the defendant is a corporation duly organized under the laws of the state of Hew Jersey.

The answer does not deny this allegation, consequently that averment stands admitted on the record. That being so, the Municipal Court had no jurisdiction. Rieser v. Parker & Co., 27 Misc. Rep. 205.

MacLean and Leventritt, JJ., concur.

Judgment reversed, with costs to appellant.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.