Adams v. Lamson Consolidated Store-Service Co.
New York Supreme Court
Appeal from special term, Albany county. Action by Milton F. Adams against the Lamson Consolidated Store-Service Company. Defendant appeals from an interlocutory judgment overruling a demurrer to the complaint. Code Civil Proc. FT. Y. § 1775. provides: “In an action brought by or against a corporation, the complaint must aver that the plaintiff or the defendant, as the case may be, is a corporation,” etc.
1Opinion of the CourtLearned, P. J.
This is an appeal from an interlocutory judgment overruling demurrer to plaintiff’s complaint. The action is brought to recover damages for false imprisonment of the plaintiff caused by defendant .in the *119state of Massachusetts. The complaint contains no distinct averment that the defendant is a corporation, nor does it contain any averment as to plaintiff’s present residence. The grounds of demurrer are stated to be (1) that the complaint does not state facts sufficient to constitute a cause of action; (2) that it does not state facts sufficient to'show that the court has jurisdiction of the…
2Cases cited5 opinions
- The Phoenix Bank v. . DonnellNew York Court of Appeals · 1869
- Fox v. . the Erie Preserving CompanyNew York Court of Appeals · 1883
- Rothchild v. Grand Trunk Railway Co. of CanadaNew York Supreme Court · 1890
- American Baptist Home Mission Soc. v. FooteNew York Supreme Court · 1889
- Irving National Bank v. CorbettNew York Supreme Court · 1881
3Cited by6 opinions
- O'Reilly v. GreeneNew York Supreme Court · 1896
- Abra Holding Corp. v. JacksonNew York Supreme Court · 1961
- Carter v. Herbert Booth King & Brother Publishing Co.City of New York Municipal Court · 1899
- John T. Noye Manufacturing Co. v. RaymondThe Superior Court of New York City · 1894
- John T. Noye Manufacturing Co. v. RaymondThe Superior Court of the City of New York and Buffalo · 1894
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