Bank of Lowville v. Edwards

Hubbard, Justice.

The action is upon a bill of exchange, drawn by E. C. Hamilton & Co. upon Stanton & Wilcox, and made payable to the order of the defendant. The demurrer assigns two causes:—

(1.) That the complaint does not state facts sufficient to constitute a cause of action, and,

(2.) That the complaint does not state that the- said Stanton & Wilcox accepted the bill of exchange in writing.

Under the first it is claimed that the complaint is insufficient in two respects :—

*217(1.) That it does not appear that the plaintiff is an incorporated bank, having capacity to sue, and,

(2.) That the…