Stoddard v. Onondaga Annual Conference of the Methodist Protestant Church
New York Supreme Court
The plaintiffs in their complaint alledged that the defendant was indebted to them in the sum of $125,75, together with interest, on an account for printing paper, goods, wares and merchandise, sold and delivered to the defendant. ' There was no allegation in the complaint that the defendant was a corporation, and nothing to indicate the character of the defendant, except the name in the title of the suit.
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The plaintiffs in their complaint alledged that the defendant was indebted to them in the sum of $125,75, together with interest, on an account for printing paper, goods, wares and merchandise, sold and delivered to the defendant. ' There was no allegation in the complaint that the defendant was a corporation, and nothing to indicate the character of the defendant, except the name in the title of the suit. The answer to the complaint set up, 1st. That the defendant was not a corporation organized under any of the laws of this or any other state, and was not liable to be sued by this name and…
1Opinion of the Court
By the Court,
Johnson, J.
The replication does not purport to reply to the whole answer, but to the portion only which *575denies specifically the incorporation of the defendant. It was wholly unnecessary for the plaintiffs, in their reply to the answer, to alledge any thing in .regard to the time, or manner, or purpose, of the incorporation; or the title or date of the act. The reply, certainly in such a case as this, need not be more specific than a declaration in a suit brought by a corporation. And it is well settled that, in a suit by a corporation, the declaration need not set out or show how…
2Cases cited2 opinions
- Dutchess Cotton Manufactory v. DavisNew York Supreme Court · 1817
- President, Directors, & Co. of the Bank of Auburn v. Weed & AikenNew York Supreme Court · 1822
3Cited by29 opinions
- People v. . BoothNew York Court of Appeals · 1865
- The Phoenix Bank v. . DonnellNew York Court of Appeals · 1869
- State ex rel. Read v. WeatherbySupreme Court of Missouri · 1869
- Trustees of Canandarqua Academy v. McKechnieNew York Court of Appeals · 1882
- Goddard v. FultonCalifornia Supreme Court · 1863
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