· 12/2/1940
Barns v. Osborne
Citations
- 260 A.D. 1018
- 24 N.Y.S.2d 1009
- 1940 N.Y. App. Div. LEXIS 5885
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- acknowledging that New York courts do not have jurisdiction “where defendant merely telephones a single order from outside the state”
- concluding New York courts had jurisdiction over a nonresident defendant who actively bid on items at a New York auction using a telephone line
- holding that a defendant who, while outside of New York, “receiv[ed] and transmitt[ed] bids over an open telephone line and was an active participant in an auction held [in New York]” had transacted business within the state
- concluding New York courts had jurisdiction over a nonresident defendant who actively bid on items at a New York auction using a telephone line
- observing that “where a defendant was physically present at the time the contract was made” presents “the clearest sort of ease in which our courts would have 302 jurisdiction”
- finding that defendant transacted business for long-arm purposes when he participated in an auction held in New York by receiving and transmitting bids over the telephone
Source: CourtListener parenthetical corpus (CC0).
Sourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.