Johnson v. Kemp
New York Supreme Court
The complaint states “ that there is due from- the defendant, to the said bank, the sum of $864.28,-which- the plaintiff claims upon a promissory note, which it sets forth; and also states that the said bank is a banking association duly organized, whereof said Johnson is president; and that .the plaintiff is holder and owner of the noté; and that the same is past due and unpaid, and payable to the plaintiff.
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The complaint states “ that there is due from- the defendant, to the said bank, the sum of $864.28,-which- the plaintiff claims upon a promissory note, which it sets forth; and also states that the said bank is a banking association duly organized, whereof said Johnson is president; and that .the plaintiff is holder and owner of the noté; and that the same is past due and unpaid, and payable to the plaintiff. The defendant demurs, because the complaint does not show or refer to the law under which the bank is doing business.
1Opinion of the Court
Mitchell, Justice.
The Code, § 471, (390) retains proceedings provided for by chapter 8 of the 3d part of the Revised Statutes, except the 2d and 12th titles. Section 13 of the 4th title of this chapter of the Revised Statutes provides, that in actions by or against any corporation, created by or under any law of this state, it shall not be necessary to recite the act of incorporation, or the proceedings by which such corporation was created, or to set forth the substance thereof; but that the same may be pleaded by reciting the title of such act and the date of its passage.
This section…
2Cited by4 opinions
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