Fraser v. Granite State Provident Ass'n
The Superior Court of the City of New York and Buffalo
Appeal from special term. Action by Louis E. Eraser and another against the Granite State Provident Association, impleaded. From an order sustaining a demurrer from interlocutory and final judgments entered thereon, plaintiffs appeal. Reversed.
1Opinion of the CourtGildersleeve, J.
Plaintiffs allege in their complaint that the defendant Granite State Provident Association “is a foreign corporation.” This defendant corporation demurred to the complaint upon the ground “that it does not state facts sufficient to constitute a cause of action against said defendant.” The court below sustained the demurrer upon the ground that plaintiffs omitted to allege the state, country, or government by or under whose laws the demurring defendant was created. The Code of Civil Procedure (section 1775) provides as follows:
“In an action brought by or against a corporation, the complaint…
2Cases cited3 opinions
- Fox v. . the Erie Preserving CompanyNew York Court of Appeals · 1883
- Rothchild v. Grand Trunk Railway Co. of CanadaNew York Supreme Court · 1890
- Laney v. LaneyNew York Supreme Court · 1890
3Cited by2 opinions
- Dari-Delite, Inc. v. Priest & Baker, Inc.New York Supreme Court · 1966
- Abra Holding Corp. v. JacksonNew York Supreme Court · 1961