Sun Mutual Insurance v. Dwight
New York Court of Common Pleas
Demurrer to complaint. This was an action upon a promissory note, made by the defendant to the order of the plaintiffs, and delivered to them by the defendant.
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Demurrer to complaint. This was an action upon a promissory note, made by the defendant to the order of the plaintiffs, and delivered to them by the defendant. The complaint, after setting forth the making and delivery of the note, etc., averred that the plaintiffs were a corporation, incorporated under an act of the legislature of the state of New York, passed May 22d, 1841, and entitled, An act to incorporate The Sun Mutual Insurance Company,” together with the several acts amendatory thereof and the general laws of the said state. The defendant .demurred, upon tbe ground tbat tbe complaint…
1Opinion of the Court
INGRAHAM, Eirst Judge. —
I am at a loss, from tbe papers submitted on this appeal, to say whether the same is from tbe decision on a motion to strike out tbe demurrer as frivolous, ;jpr from a decision upon tbe argument of tbe demurrer. Tbe appellant should, see that tbe papers necessary on tbe appeal should be submitted to tbe court. If be neglects to do so, be has no cause to complain if his appeal is dismissed.
Upon tbe merits, I think, tbe demurrer cannot be sustained. Tbe complaint alleges tbe making and delivery to tbe plaintiffs of tbe note in suit; tbat the same was not paid at maturity…
2Cited by2 opinions
- Smith v. Ingham UniversityNew York Supreme Court · 1894
- Wheeler v. McCabeNew York Court of Common Pleas · 1874