Park Bank v. Tilton
New York Supreme Court
Appeal from a judgment. This action was brought by the Park Bank against David Tilton as maker, and William E. Booraem as indorser, of a promissory note for $1,000. The complaint set forth*he plaintiff’s incorporation, and the making, indorsement, and dishonor of the note.
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Appeal from a judgment. This action was brought by the Park Bank against David Tilton as maker, and William E. Booraem as indorser, of a promissory note for $1,000. The complaint set forth*he plaintiff’s incorporation, and the making, indorsement, and dishonor of the note. The answer of the defendant Tilton denied knowledge or information sufficient to form a belief as to whether or not the plaintiffs were, at the several times mentioned in said complaint, or now are, or ever were, a banking association, duly or otherwise incorporated under or by virtue of the laws of the State of Yew York or…
1Opinion of the Court
By the Court.*—Clerke, J.
I. The defendant has not pleaded in such a manner as to oblige the plaintiff to prove its corporate eKistence. A general denial is not sufficient; the nonexistence of the corporation must be expressly pleaded. (Bank of Genesee a. Patchin Bank, 13 N. Y., 313.) It is, therefore, of no consequence whether the court erred or not in admitting the certificate of the incorporation of the bank, under the objection that the certificate was insufficient.
II. Although, strictly speaking, the question excluded may not be improper, on the cross-examination, yet as evidence was…
2Cited by3 opinions
- Neil v. . ThornNew York Court of Appeals · 1882
- Houston Packing Co. v. Pagán López & Co.Supreme Court of Puerto Rico · 1914
- Houston Packing Co. v. Pagan, López & Co.Supreme Court of Puerto Rico · 1914