Alger v. Miller
New York Supreme Court
APPEAL from a judgment' of the county court of the county of Lewis, affirming a judgment rendered before a justice, in favor of the plaintiffs. The plaintiffs sued in their individual names, and in the name of their office, in a justice’s court, to recover of the defendant for the keeping, at the asylum connected with the poorhouse of Lewis county, of his daughter, who was insane.
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APPEAL from a judgment' of the county court of the county of Lewis, affirming a judgment rendered before a justice, in favor of the plaintiffs. The plaintiffs sued in their individual names, and in the name of their office, in a justice’s court, to recover of the defendant for the keeping, at the asylum connected with the poorhouse of Lewis county, of his daughter, who was insane. At the joining of the issue the. defendant set up as defenses,' that the plaintiffs had no legal capacity to sue for the cause of action set forth in the complaint; that they had no power to make the pretended…
1Opinion of the Court
By the Court,
Foster, J.
It is claimed that the plaintiffs should have sued in their corporate name alone, of “ Superintendents of the poor of the county of Lewis,” and that they had no right to sue in their individual names, with the addition of the name of their office.
The statute, in their case, and in contradistinction from that of some other local officers of towns and counties, has in express terms created them “a corporation, with the *230usual powers of a corporation for public purposes.” (2 R. S. 841, § 16, 5th ed.) And in the case of Pomeroy v. Wells, (8 Paige, 406,) the chancellor said…
2Cases cited5 opinions
- Pomeroy v. WellsNew York Court of Chancery · 1840
- Hayes v. SymondsNew York Supreme Court · 1850
- Norton v. RhodesNew York Supreme Court · 1854
- Brewster v. ColwellNew York Supreme Court · 1834
- Keuren v. JohnstonNew York Supreme Court · 1846
3Cited by5 opinions
- Chicago & Alton Railroad v. ArnolIllinois Supreme Court · 1893
- Borchert v. BorchertCourt of Appeals of Maryland · 1946
- Kruvant v. KruvantNew Jersey Superior Court Appellate Division · 1968
- Bateman v. RyderTennessee Supreme Court · 1901
- In re the Judicial Settlement of the Account of Van DenburghAppellate Division of the Supreme Court of the State of New York · 1917