Kennedy v. Cotton
New York Supreme Court
APPEAL from a judgment entered at a special term, upon the report of a referee. The complaint alleged that the defendant severally with others, made an agreement with the Buffalo and New York City Bail Boad Company, whereby he agreed to pay the said company the sum of fifty dollars, in consideration that the said company would construct a depot, comprising water tank, warehouse, office, &c., at a certain point in the town of Burns, or Dansville; that said agreement was in…
Read the full summary
APPEAL from a judgment entered at a special term, upon the report of a referee. The complaint alleged that the defendant severally with others, made an agreement with the Buffalo and New York City Bail Boad Company, whereby he agreed to pay the said company the sum of fifty dollars, in consideration that the said company would construct a depot, comprising water tank, warehouse, office, &c., at a certain point in the town of Burns, or Dansville; that said agreement was in writing, and at the time of its execution was delivered to the said Buffalo and New York City Bail Boad Company; that said…
1Opinion of the Court
By the Court, T. R. Strong, J.
It was not necessary for the plaintiff to allege, in the complaint, the incorporation of the Buffalo and Hew York Oity Eail Eoad Company, further than is done by the statement of its name, and of the making of the agreement between the defendant and the company, and what the company did in relation to the agreement. That statement includes the idea of the legal existence of the company; and the fact of incorporation was mere evidence in *63support of it, not essential to be particularly stated in the pleading. No more certainty was required in the complaint, as to…
2Cases cited4 opinions
- Harris v. Muskingum Manufacturing Co.Indiana Supreme Court · 1837
- Union Mutual Insurance v. Osgood & AldenThe Superior Court of New York City · 1853
- Bank of Michigan v. WilliamsNew York Supreme Court · 1830
- Johnson v. KempNew York Supreme Court · 1855
3Cited by4 opinions
- The Phoenix Bank v. . DonnellNew York Court of Appeals · 1869
- Workman v. CampbellSupreme Court of Missouri · 1870
- Doherty v. Arkansas & Oklahoma RailroadCourt Of Appeals Of Indian Territory · 1904
- Phenix Bank of New York v. DonnellNew York Supreme Court · 1864