Standard Enterprises, Inc. v. Bag-It, Inc.

Full title: STANDARD ENTERPRISES, INC., Plaintiff, v. BAG-IT, INCORPORATED, Defendant.

Court: United States District Court, S.D. New York.

Date published: Oct 14, 1987

Facts

Standard, a New York corporation with its principal place of business in New York, has brought suit against Bag-It, a Massachusetts corporation with its sole place of business in Massachusetts, for money owed for the sale of plastic bags delivered by Standard but never paid for. Standard seeks the amounts of three outstanding invoices, totaling $46,750.36 plus interest.

Although Standard in its papers once referred to the amount owed to it by Bag-It as more than $92,000, the complaint does not allege this, and the facts as otherwise presented do not support such a contention.

The parties are in dispute as to the relationship existing between them. According to affidavits submitted by Standard, Bag-It transacted business with Standard in New York during a year-long period. According to Bag-It, however, it has never done business in New York and denies having transacted business with Standard.

Issue

Decision

For the foregoing reason, the complaint is dismissed for lack of jurisdiction.

IT IS SO ORDERED.

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