The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1845-03-08
Marine Court.

Marine Courts Juyisdiction S,fs against Concentrations
1t has been decided by the Msrne Court that that
has Jurisdiction in suits against corporations to the
amount of 500.
The following the opinion Of Justice Smith, to whom
the application for process was made
1t has been well established by the Court Of Errors
that the Marine Court court Of record and such be
ing the case, corporations be sued well in this
court any other court of record. But laying out OF
the question the fact that this is of record and
treating only peculiar Justices Court unreguated
by the rules Of record have doubt
Of tho right this court to entertain suits against corp
aons By the provisions Of the act creating the Marine
Court is enacted, among other things, that this Court
shall have jurisdiction to hear try and determine, all
actions of debt, detnue account, covenant trespass
or other real estate" &C.. Sci "and for the purpose
of hearing trying, and determining, all such actions
hereby cognizabe before the same court such
court is hereby vested with all such power authority
as is vested in other courts OF record OF this State" Vide
section Here is no Limitation combining the urisdic
ten to actions against natural persons but the language
is a. to "all actions" without any Limitation the
class Of persons In the same section in the limitations
pointed out, this court ia prohibited from entertaining
suits wherein the people OF this State concerned
OF against any executor administrator" together
is prohibition to actions against corporations II
corporations meant to be exempt, why does not
Of the State and executors and admnstraso Hp
and others, from being sued in this Court (By subss-
quent act passed April lath. 1921 the prohibition as to
executors and administrators removed The Legisa
tre, in defining the jurisdiction OF Courts held JUS
ces Of the Peace among others makes the following
hibitions ursiction" Nor Of actions sgeinst
cutors or SUCH or against Corpora
uons" R. 8 part 3d. ch o title 4, art LIST, T. Also,
sec. s, factions cognzabie be.ore q Justice may be
brought by and all who sue or are sued
in their right" sc sc. BY article 10 h, chap
ter sec the provisions OF this title are made not to aP
ply to Courts held In the CRY Of New York There is
doubt by the word persons, as used abeve the Le
gssture meant persons other than artificial persons
Co operations. II s commended that there IL express
provision in the statute creating this Court giving u
rsdcton in actions against Corpor,tons and therefore
The clause giving jurisdiction all actions" Of the ma
ure there specified gives necessarily in actions against
Corporations, but II does not it is not necessary
should and the Legislature defines In what this
Court shall not have Jurisdiction and suits against Cor
poraions not being prohibited it follows they were not
meant to be. I'd There Is nothing in this staute auiho
rizng Corporations to bring suits in this Court yet
has been decided they have the right so to DO h john
3d. In the statute organizing the Superior Court nothing
be found which gives jurisdiction in express terms
in suits against Corporation yet no one doubts the u
risdiction Of that Court in this respect.
There nowhere to be found any statutory provision In
restion 10 what courts shall jurisdiction
mentioned as to Courts held BY Justices 81 the Peace
he following, among the general powers privileges and
sne and Be- sued and defend II court Of law
equity" Finding nothing then in the statutes inter
ierng led to resort to the decisions this sub
ject The emily two find are the cases of the Minister
&c Of the Dutch Church, sc vs. Adams in 9Th John.
aud Hochkiss the Religious Society in Homer in 7th
Courts, But do not touch the Marine Court as shall
shortly show. In the case in sh r., the reason as
signed why Justices Courts cannot entertain jurisdiction
sSsnst corporations s that both the the pro-
aod OF the execution preclude the court from
csng Jurisdiction the form of each being prescribed BY
statute and being such cannot issue against corpora
TONS The former being by summons and the latter be
ing against both goods and chaels and the body
Sic null The mode Of suing corporations when that de
cision made, by original writ but II -. by
the law OF ls40 made just sich process a. this court
bound to ISSUE wit, mmonsn And by the provi
iona of the organizing the Marine Court the
ton directed to be issued against the goods and chatte
81 the defendant against his body just IL IL in every
other cou I OF record in this State.
After citing farther authorities in support OF Hi'
Honors views the subject the Justice concluded tina
The court held there jurisdiction to sue for the
amount Of $l00 in corporation suits.