Opinion · District Court, S.D. New York

Devens v. M. A. Henry Co.

Devens v. M. A. Henry Co., 8 F.R.D. 368 (District Court, S.D. New York 1948)

Type
Opinion
Court
District Court, S.D. New York
Jurisdiction
New York
Date
1948-06-03
Topic
general

COXE, District Judge. The defendant Woonsocket Falls Mill is a Rhode Island corporation, and not licensed to do business in New York. The motion to dismiss as to that defendant for improper venue is therefore granted. Moss v. Atlantic Coast Line R.

Citator

UpLaw has not yet analyzed Devens v. M. A. Henry Co.. The absence of a flag is not a finding that it is good law.

COXE, District Judge.

The defendant Woonsocket Falls Mill is a Rhode Island corporation, and not licensed to do business in New York. The motion to dismiss as to that defendant for improper venue is therefore granted. Moss v. Atlantic Coast Line R. Co., 2 Cir., 149 F.2d 701; Suttle v. Reich Bros. Const. Co., 333 U.S. 163, 68 S.Ct. 587. The motion of the defendant M. A. Henry Co., Inc., to implead Woonsocket Falls Mill as a third-party defendant under Federal Rules of Civil Procedure, rule 14, 28 U.S.C.A., is also granted; the defendant M. A. Henry Co., Inc., is a New York corporation, and the jurisdictional and venue requirements to support the motion are unquestioned.