Irving National Bank v. Corbett
New York Supreme Court
Motion for judgment on a demurrer as frivolous. This action was brought by the Irving National Bank against David Corbett, to recover on a promissory note. It was not alleged in, nor did it appear by the complaint, except by the name of the plaintiff, that it was a corporation. The defendant demurred. cited: Code Civ. Pro. § 1776; Phœnix Bank of N. Y. v. Donnell, 40 N. Y. 410; Davenport v. Sniffen, 1 Barb. 228.
1Opinion of the CourtBarrett, J.
The demurrer is limited to the eighth ground specified in section 488 of the Code of Civil Procedure, namely, that the complaint does not state facts sufficient to constitute a cause of action. That ground has no applicability to the capacity of the plaintiff to sue (40 N. Y. 410). It relates only to the statement of facts constituting the cause of action. Here that statement is sufficient. The real objection is that it is not averred, as required by section 1770, that the plaintiff is a corporation. But we cannot assume, in aid of the demurrer, that the action is brought by a corporation. If…
2Cases cited1 opinion
- The Phoenix Bank v. . DonnellNew York Court of Appeals · 1869
3Cited by4 opinions
- Adams v. Lamson Consolidated Store-Service Co.New York Supreme Court · 1891
- American Baptist Home Mission Soc. v. FooteNew York Supreme Court · 1889
- Van Zandt v. Van ZandtNew York Supreme Court · 1889
- Saile v. EdellNew York Supreme Court · 1916