Tepfer v. Ideal Gas and Electrical Fixtures Co.

Defendant demurs to the complaint and the two causes of action therein stated on the ground that the same does not state facts sufficient to constitute a cause of action. The action is brought to recover unpaid dividends. By defendant demurring to plaintiff’s complaint the defendant concedes that the plaintiff is entitled to the most favorable construction of his pleading (Springfield Fire & M. Ins. v. Village of Keeseville, 80 Hun, 162; Foley v. Mail & Express, 8 Misc. Rep. 91), and admits all the facts stated as well as such as may be implied by fair, reasonable intendment. Sage v. Culver,…