Coffin v. . Reynolds
New York Court of Appeals
This action is brought to recover from the estate of Elias Reynolds, who was a stockholder in a corporation called the Westchester Iron Company, an alleged debt of some $1,800, for services claimed to have been performed for the company by Robert J. Coffin, the assignor of the Plaintiff.
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This action is brought to recover from the estate of Elias Reynolds, who was a stockholder in a corporation called the Westchester Iron Company, an alleged debt of some $1,800, for services claimed to have been performed for the company by Robert J. Coffin, the assignor of the Plaintiff. The complaint avers that a judgment was recovered in favor of the Plaintiff against the company; the issuing of an execution thereon, and its return unsatisfied; and that the company was indebted to Robert J. Coffin for services as secretary of said company, and otherwise, in the amount claimed. ■the cause…
1Opinion of the Court
On the appeal to the Supreme Court, a question seems to have been made that the referee erred in disposing of the case upon the pleadings. That question is not presented in the appellant's points, although elaborately argued by the respondent. It was clearly right to entertain the application in that stage of the case, since the Code provides that the specific objection that the complaint does not state facts sufficient to constitute a cause of action need not be taken by answer or demurrer, but is available in any stage of the action. The practice adopted by the referee has been sanctioned…
2Cases cited3 opinions
- Aikin v. . WassonNew York Court of Appeals · 1862
- Ericsson v. BrownNew York Supreme Court · 1862
- Conant v. Van SchaickNew York Supreme Court · 1857
3Cited by41 opinions
- Schuyler v. . SmithNew York Court of Appeals · 1873
- Gurney v. Atlantic & Great Western Railway Co.New York Court of Appeals · 1874
- Palmer v. . Van SantvoordNew York Court of Appeals · 1897
- United States v. LawsSupreme Court of the United States · 1896
- Wakefield v. . FargoNew York Court of Appeals · 1882
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