Harmon v. Vanderbilt Hotel Co.
New York Supreme Court
Appeal from special term, Kings county. Action by Clara Harmon against the Vanderbilt Hotel Company. From an interlocutory judgment sustaining a demurrer to the complaint, plaintiff appeals.
1Opinion of the CourtCullen, J.
This is an appeal from an interlocutory judgment entered upon an order sustaining a demurrer to the plaintiff’s complaint. The objection taken to the complaint is that, while it states that the defendant is a corporation, it fails to state whether *784it is a domestic or a foreign corporation, and, if foreign, under the laws of what sovereignty incorporated. That the complaint is defective in failing to make such an averment, which is required by section 1775 of the Code, cannot be doubted. But the question here involved is whether such defect is ground for demurrer, or the subject of motion. It…
2Cases cited1 opinion
- Fox v. . the Erie Preserving CompanyNew York Court of Appeals · 1883
3Cited by6 opinions
- Barton v. Albert Palmer Co.Appellate Division of the Supreme Court of the State of New York · 1903
- Ochs v. FreyAppellate Division of the Supreme Court of the State of New York · 1900
- Abra Holding Corp. v. JacksonNew York Supreme Court · 1961
- Barton v. Albert Palmer Co.Appellate Division of the Supreme Court of the State of New York · 1903
- Collier v. Postum Cereal Co.Appellate Division of the Supreme Court of the State of New York · 1912
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