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PRESIDENT AND DIRECTORS OF THE BANK OF COMMERCE agt.
THE RUTLAND AND WASHINGTON RAILROAD COMPANY.
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 NewYork, 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 a 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 corpo.
rations, as amended in 1849, are not repealed by the Code.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 the 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 g 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.
President, &c., of Bank of Commerce agt. The Rutland & Washington R. R. Co. A motion to set aside an attachment against a foreign corporation may be made,
in the first instance, directly to the court. And affidavits may be read on both sides, on such motion.
Washington County Special Term, June, 1854.—This was an application by the defendant to discharge and set aside the attachment issued in the cause, and all proceedings on the part of the plaintiffs.
The attachment was granted by a county judge upon the following affidavit: “The President, Directors, and Company of the Bank of Commerce agt. the Rutland and Washington Railroad Company. County of Washington, ss. Abel G. Farwell, of Boston, being duly sworn, says he is one of the plaintiffs' directors in this action, and is the agent of the plaintiffs.
“That the above-named defendants are indebted unto the said plaintiffs upon a bill of exchange for twenty-five thousand dollars, dated January 20, 1854, directed to James W. Baldwin, treasurer of said defendants at the city of Boston, Massachusetts, and requesting him, four months after date, to pay to the order of James W. Baldwin, treasurer at the American Exchange Bank, New-York, twenty-five thousand dollars, value received, and signed the Rutland and Washington Railroad Company, by W. C. Clark, president, and accepted, payable at the American Exchange Bank, New York, N. Y. Signed James W. Baldwin, Treasurer Rutland and Washington Railroad Company, and endorsed James W. Baldwin, treasurer; and which said bill was afterward duly endorsed and delivered to the said plaintiffs, and by them duly presented for payment, and duly protested for nonpayment of the same, nor of any part thereof has payment been made, and the said plaintiffs are now the holders and owners of the same.
“ And this deponent further says, that said defendant is a foreign corporation, having its office and place of business at Poultney, Vermont, and having been incorporated by the legislature of the state of Vermont.
“And deponent further says, that a summons in this action has been duly served upon the said defendant, by delivery thereof personally to Thomas H. Canfield, the superintendent