Robarge v. Central Vermont Railroad
New York Supreme Court
Demurrer to partial defense. William Eobarge brought this action against the Central Vermont Eailroad Company, to recover $50.62 for work and labor performed by plaintiff for defendant upon its railroad in this State. The action was commenced October 22, 1886, by personal service of the summons and complaint upon William T. Short, managing agent of the defendant, at Malone, in this State.
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Demurrer to partial defense. William Eobarge brought this action against the Central Vermont Eailroad Company, to recover $50.62 for work and labor performed by plaintiff for defendant upon its railroad in this State. The action was commenced October 22, 1886, by personal service of the summons and complaint upon William T. Short, managing agent of the defendant, at Malone, in this State. Defendant is a corporation organized under the laws of Vermont, having its office and principal place of business at St. Albans in that State, and at the several times mentioned in the pleadings, operated a…
1Opinion of the CourtTappan, J.
[After stating the facts as above.]—It was said in Hogle v. Mott, MS., upon the authority of Holmes v. Broughton (10 Wend. 75), that the proceedings set up in the answer are unknown to the common law; and the defendant in his plea is bound, if the proceedings were authorized by the statute law of Vermont, to set forth the statute so that the court may see that the proceedings have been conformable thereto.
The case last cited stated the rule as regards pleading the statutes of other States, under the system of pleading which existed before the enactment of the Code of Procedure and the Code of…
2Cases cited5 opinions
- Williams v. . IngersollNew York Court of Appeals · 1882
- Embree & Collins v. HannaNew York Supreme Court · 1809
- Holmes v. BroughtonNew York Supreme Court · 1833
- Barclay v. Quicksilver Mining Co.New York Supreme Court · 1872
- Halstead v. BlackNew York Supreme Court · 1864
3Cited by1 opinion
- Gleitsmann v. GleitsmannAppellate Division of the Supreme Court of the State of New York · 1901