Legal Opinion

Bank of the Metropolis v. Faber

Appellate Division of the Supreme Court of the State of New York

Decided February 7, 1896Published

Appeal from, an interlocutory judgment overruling a demurrer to the complaint.

1Opinion of the CourtBarrett, J.

—The complaint alleges that on or about December 31, 1892, plaintiff became the owner and holder, before maturity and -for value, of a note made by the F. J. Kaldenberg Company, a domestic corporation, other than a moneyed or railroad corporation; that at no time during the year 1892, or prior to-the acquisition of said note by the plaintiff, did said company tile an annual report as required bylaw; and that during the whole of said period the defendant was a director of said company. It is demurred to, upon the ground that it does not state facts sufficient to constitute a cause of action.…

2Cases cited9 opinions

  1. Smith v. . the PeopleNew York Court of Appeals · 1872
  2. Matter of Estate of PrimeNew York Court of Appeals · 1893
  3. The People Ex Rel. Furman v. . CluteNew York Court of Appeals · 1872
  4. People Ex Rel. Canajoharie National Bank v. Board of SupervisorsNew York Court of Appeals · 1876
  5. In Re Rochester Water Commissioners to Acquire Lands of Rochester Water Co.New York Court of Appeals · 1876

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