Connecticut Bank v. Smith
New York Supreme Court
Demurrer to complaint. This was an action against the defendants as makers of certain promissory notes of which the plaintiffs were indorsees. The title of the complaint, and its statement of the first cause of action were as follows : Supreme Court, City and County of New York.
Read the full summary
Demurrer to complaint. This was an action against the defendants as makers of certain promissory notes of which the plaintiffs were indorsees. The title of the complaint, and its statement of the first cause of action were as follows : Supreme Court, City and County of New York. The plaintiffs, by Miller, Peet & Nichols, their attorneys, make this complaint, and charge that the defendants, on or about the 16th day of September, 1858, made their joint and several promissory notes, dated the day and year aforesaid, whereby they promised to pay to the order of J. G-. Beckwith, six months after…
1Opinion of the CourtClerke, J.
Undoubtedly, the demurrer in this action should have been taken under the second and not under the sixth subdivision of section 144 of the Code. The want of an allegation showing the capacity of the plaintiffs to sue is not the omission of a constituent fact, essential to the transaction upon which a cause of action is founded. It only affects the character of a party to the alleged transaction. But, although the objection is apparently taken under the sixth subdivision, the objection itself is set forth in express words, “ that the complaint does not state that the plaintiffs are a…
2Cited by2 opinions
- Spear v. DowningNew York Supreme Court · 1861
- First National Bank v. StalloAppellate Division of the Supreme Court of the State of New York · 1914