Lamson Consolidated Store-Service Co. v. Conyngham
New York Court of Common Pleas
Appeal from Sixth district court. Action by the Lamson Consolidated Store-Service Company against Michael Conyngham to recover on certain promissory notes given for the purchase price of a cash register. The answer alleged a breach of guaranty on plaintiff’s part to keep the machine in repair. From a judgment in favor of defendant for costs, rendered by a justice without a jury, plaintiff appeals. Reversed.
1Opinion of the CourtBookstaver, J.
In an action by a foreign corporation, the
plaintiff need not prove upon the trial the existence of the corporation as alleged in the complaint, unless the answer contains an affirmative allegation that the plaintiff is not a corporation. Code Civ. Proc. § 1776. A denial, upon information and belief, that plaintiff is a corporation, is not such an “affirmative allegation.” Vulcan v. Myers, 58 Hun, 162, 11 N. Y. Supp. 663; Association v. Read, 93 N. Y. 474; Bengston v. Steamship Co., 31 Hun, 96. By section 1779 of the Code, section 1776 is made to apply to foreign corporations. Vulcan v. Myers,…
2Cases cited5 opinions
- Tipton v. . FeitnerNew York Court of Appeals · 1859
- Hills v. . PlaceNew York Court of Appeals · 1872
- Concordia Savings and Aid Ass'n v. . ReadNew York Court of Appeals · 1883
- Dekay v. . BlissNew York Court of Appeals · 1890
- Taendsticksfabriks Aktiebolaget Vulcan v. MyersNew York Supreme Court · 1890
3Cited by7 opinions
- Consolidated Asphalt Co. v. CommissionerUnited States Board of Tax Appeals · 1924
- Miller v. ZanderNew York Supreme Court · 1914
- Witt v. CuenodNew Mexico Supreme Court · 1897
- Dume v. Clydesdale Truck Sales Corp.City of New York Municipal Court · 1922
- Consolidated Asphalt Co. v. CommissionerUnited States Board of Tax Appeals · 1924
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