Shoe & Leather Bank v. Brown
New York Supreme Court
Motion for judgment on the pleadings. The action was brought on a promissory note, which was made by the defendant payable to the order of a third party, by whose indorsement it was transferred to the plaintiff. The complaint alleged that the plaintiffs were a corporation formed under the laws of the State of blew York, but made no reference to the statute under which they were incorporated ; and the defendant demurred.
1Opinion of the CourtIngraham, J.
The plaintiff, a corporation under the Banking Law, sue upon a note held by them, without setting out the title and date of the act under which it was created. The defendant demurs upon the ground that the complaint does not show facts sufficient to constitute a cause of action—alleging that it appears on the complaint that the plaintiff has not legal capacity to sue.
In the Bank of Waterville a. Beltzer (How. Pr. P., 270), Judge Emott held that no such averment was necessary in the complaint, and refers to various cases under the former system of practice, as well as under our present Code,…
2Cited by1 opinion
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