Taylor v. Thompson
New York Supreme Court
Demurrer to complaint.
1Opinion of the CourtVan Vorst, J.
Portions of the complaint are open to the criticism made by the learned counsel for the defendant. The report, signed by the defendant and the other trustees, is annexed to the complaint and is made a part thereof, and the report must speak for itself as to the payment of the capital stock of the corporation, and how and in what paid.
Some of the allegations of the complaint, in respect to the payment of the capital stock, are conclusions of the pleader rather than a statement of facts, as shown by the report itself; but, still, I am of opinion that the complaint discloses a cause of action.
The…
2Cases cited1 opinion
- Lake Superior Iron Co. v. . DrexelNew York Court of Appeals · 1882
3Cited by1 opinion
- Torbett v. EatonNew York Supreme Court · 1888