Rothschild v. Rio Grande Western Railway Co.
New York Supreme Court
Appeal from interlocutory judgment. Simon Rothschild brought this action against the Rio Grande Western Railway Company, a foreign corporation created by thp laws of Colorado and Utah to recover upon interest coupons attached to mortgage bonds originally issued b}* another corporation. The plaintiff claimed that the defendant was liable upon these coupons by reason.of a consolidation of the corporation which issued the mortgage bonds with another corporation.
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Appeal from interlocutory judgment. Simon Rothschild brought this action against the Rio Grande Western Railway Company, a foreign corporation created by thp laws of Colorado and Utah to recover upon interest coupons attached to mortgage bonds originally issued b}* another corporation. The plaintiff claimed that the defendant was liable upon these coupons by reason.of a consolidation of the corporation which issued the mortgage bonds with another corporation. The complaint alleged (with details not here repeated), that defendant was a foreign corporation under the laws of Colorado and Utah;…
1Opinion of the Court
By the Court, Barrett, J.—[Present, Van. Brunt, P. J., Barrett and Bartlett, JJ.]
We think the demurrer was well founded. The allegation-is not a statement of fact, but of a legal conclusion from undisclosed facts. It is, in effect, saying that under foreign laws, of which we know nothing, one person has become liable for another person’s debts, and it. differs in no substantial particular from an allegation— which has always been treated as a mere conclusion— that the defendant is indebted to the plaintiff. It is. clear that the foreign law should have been pleaded. The law of a foreign State…
2Cases cited6 opinions
- Schluter v. . Bowery Savings BankNew York Court of Appeals · 1889
- Wallace v. MorganIndiana Supreme Court · 1864
- Swank v. HufnagleIndiana Supreme Court · 1887
- Throop v. HatchNew York Supreme Court · 1856
- Savings Ass'n of St. Louis v. O'BrienNew York Supreme Court · 1889
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3Cited by2 opinions
- Savannah, Florida & Western Railway Co. v. EvansSupreme Court of Georgia · 1904
- Grossman v. Western Financial Corp.Appellate Division of the Supreme Court of the State of New York · 1952