Union Trust Co. v. Sickels
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, the Union Trust Company of Rochester, from an interlocutory judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Monroe on the 23d day of October, 1907, upon the decision of the court, rendered after a trial at the Monroe Special Term, sustaining the defendant’s demurrer to the complaint.
Read the full summary
Appeal by the plaintiff, the Union Trust Company of Rochester, from an interlocutory judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Monroe on the 23d day of October, 1907, upon the decision of the court, rendered after a trial at the Monroe Special Term, sustaining the defendant’s demurrer to the complaint. The complaint in substance sets forth that an underwriting agreement was on or about November 23, 1905, made by and between the United States Independent Telephone Company, a foreign corporation, organized and existing under the…
1Opinion of the Court
Robson, J.:
Defendant demurs to plaintiff’s complaint upon tiie single ground that it does not state facts sufficient to constitute a cause of action. Respondent on the argument of this appeal ássigns three grounds, upon each of which he claims that the complaint is insufficient.
First. That it is defective in not alleging that plaintiff’s assignor, the United States Independent Telephone Company, a foreign stock corporation, had procured from the Secretary of State the certificate required by section 15 of the General Corporation Law,* that it had complied with the requirements of the law to…
2Cases cited7 opinions
- Beard v. Union & American Publishing Co.Supreme Court of Alabama · 1881
- Wood Selick v. . BallNew York Court of Appeals · 1907
- People v. . Horn Silver Mining Co.New York Court of Appeals · 1887
- Welsbach Company v. . Norwich Gas and Electric CompanyNew York Court of Appeals · 1905
- Welsbach Co. v. Norwich Gas & Electric Co.Appellate Division of the Supreme Court of the State of New York · 1904
2 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- People Ex Rel. Manila Electric Railroad & Lighting Corp. v. KnappNew York Court of Appeals · 1920
- Major Creek Lum. Co. v. JohnsonOregon Supreme Court · 1921
- Goodyear v. MeuxTennessee Supreme Court · 1920
- Singer Manufacturing Co. v. Granite Spring Water Co.New York Supreme Court · 1910
- Hauger v. International Trading Co.Court of Appeals of Kentucky · 1919
8 more not listed; retrieve them via the Exa API.