Legal Opinion
Kelton v. Du Pont
District Court, N.D. New York
Decided April 7, 1919Published
At Eaw. Action by Raymond A. Kelton against T. Coleman Du Pont. On motions by defendant to strike an allegation from the complaint, or, if it be not stricken, to have it set forth as a distinct cause of action, separately stated and numbered.
1Opinion of the Court
RAY, District Judge.
The contention of defendant is that the allegation No. 17 is irrelevant and immaterial to the cause of action set forth in the complaint. It reads as follows:
“That said Hudson Hotel Company, after its incorporation, was never legally or properly organized or authorized to transact business according to law, for the reason that the sum of one thousand dollars ($1,000.00), which was stated in its certificate of incorporation as the amount of capital with which it would begin business, was never paid into said corporation before it commenced to transact business, and said…
2Cases cited1 opinion
- Whalen v. Hudson Hotel Co.Appellate Division of the Supreme Court of the State of New York · 1918