Pugh v. Hurtt
New York Supreme Court
Demurrer to the complaint, on the ground that the same does not state facts sufficient to constitute a cause of action, and that the plaintiff has not legal capacity to sue.
1Opinion of the CourtLawrence, J.
—If the plaintiff is entitled to sue in the courts of this state, I cannot see why the complaint can be said not to state facts sufficient to constitute a cause of action. The allegations of the complaint are that the United States Proprietary Medicine Company was a joint stock company, duly incorporated under the provisions of a statute of the state of Ohio; that at the time mentioned in the complaint the said company was and still is insolvent, its debts amounting to over §100,000, which remain unpaid, and that the company has no assets.
That the act under which the said company was…
2Cases cited3 opinions
- Ex parte Van RiperNew York Supreme Court · 1839
- Perkins v. ChurchNew York Supreme Court · 1859
- Winter v. BakerNew York Supreme Court · 1867
3Cited by7 opinions
- Mabon v. . Ongley Electric Co.New York Court of Appeals · 1898
- Union Guardian Trust Co. v. Broadway National Bank & Trust Co.New York Supreme Court · 1930
- Castleman v. TemplemanCourt of Appeals of Maryland · 1898
- Howarth v. AngleAppellate Division of the Supreme Court of the State of New York · 1899
- Varnum v. TaylorNew York Supreme Court · 1891
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