American Baptist Home Mission Soc. v. Foote
New York Supreme Court
Appeal from special term, Delaware county. The complaint alleges that the plaintiff the American Baptist Home Mission Society is a corporation duly organized and incorporated under special acts of the legislature of the state of Hew York, describing them; that the plaintiff the American Baptist Missionary Union is a corporation duly organized and incorporated first under certain acts of the legislature of the state of Pennsylvania, describing them, also under an act of the…
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Appeal from special term, Delaware county. The complaint alleges that the plaintiff the American Baptist Home Mission Society is a corporation duly organized and incorporated under special acts of the legislature of the state of Hew York, describing them; that the plaintiff the American Baptist Missionary Union is a corporation duly organized and incorporated first under certain acts of the legislature of the state of Pennsylvania, describing them, also under an act of the state of Massachusetts describing it; also under chapter 17 of the Laws of the state of Hew York for 1870, entitled “An…
1Opinion of the CourtMerwin, J.
It is claimed by the appellants that the complaint is insufficient on its face, because it does not state whether the plaintiff the American Baptist Missionary Union is a foreign or domestic corporation, as required by section 1775 of the Code. It was held at special term that this section was substantially complied with, inasmuch as the facts were stated from which a conclusion must follow under the definition given in subdivision 18 of section 3343. This is a reasonable construction, and should be followed. Ho point is made on this subject as to the other plaintiffs. If the complaint is…
2Cases cited2 opinions
- McCorn v. . McCornNew York Court of Appeals · 1885
- Irving National Bank v. CorbettNew York Supreme Court · 1881
3Cited by4 opinions
- In re the Estate of LilienthalNew York Surrogate's Court · 1930
- In re Harvey's EstateNew York Supreme Court · 1894
- Adams v. Lamson Consolidated Store-Service Co.New York Supreme Court · 1891
- Wells v. WellsThe Superior Court of the City of New York and Buffalo · 1892