Myers v. Machado
The Superior Court of New York City
February, 1857.—Demurrer to complaint. The action was against the. defendant as drawer of a bill of' exchange, discounted by and belonging to the Royal Bank of Liverpool, of which the plaintiff was an officer. The complaint was as follows. Superior Court of the City of Rew York. John Myers, Public Registered Officer of the Royal Bank of Liverpool, „ against John A. Machado.
Read the full summary
February, 1857.—Demurrer to complaint. The action was against the. defendant as drawer of a bill of' exchange, discounted by and belonging to the Royal Bank of Liverpool, of which the plaintiff was an officer. The complaint was as follows. Superior Court of the City of Rew York. John Myers, Public Registered Officer of the Royal Bank of Liverpool, „ against John A. Machado. The above-named plaintiff complains of the above-named defendant, and says:— That he is one of the public registered officers of a certain banking company, duly constituted, created by and existing under the laws of the…
1Opinion of the CourtDuer, J.
(After stating the contents of the pleadings), Held, that the facts averred in the complaint constituted a valid cause of action, and that the demurrer on the first ground stated must be overruled.
That the averment, that the plaintiff was duly authorized to bring the action on behalf of the bank, was not an averment of facts, but of a conclusion of law, and that the complaint wras defective in not setting forth the existence and terms of the act of Parliament, if any, under which the bank was organized, and an authority given to the plaintiff, as one of its registered officers, to sue on its…
2Cited by3 opinions
- O'Reilly v. GreeneNew York Supreme Court · 1896
- Plant v. SchuylerThe Superior Court of New York City · 1867
- O'Reilly, Skelly & Fogarty Co. v. GreeneAppellate Terms of the Supreme Court of New York · 1896