The Phoenix Bank v. . Donnell
New York Court of Appeals
' Appeal from a judgment of the General Term of the Supreme Oourt in the first district affirming a judgment in favor of the plaintiff on demurrer to the complaint.
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' Appeal from a judgment of the General Term of the Supreme Oourt in the first district affirming a judgment in favor of the plaintiff on demurrer to the complaint. The following are copies of the pleadings : SUPREME COURT—City and County of Mew Yobk The Phoenix Bank of the city of Mew York, plaintiffs in the above entitled action, respectfully show to the Supreme Court: That the said defendant, Ezekiel J. Donnell, heretofore, on or about the 23d day of May, in the year 1862, at said city of Mew York, made his certain promissory note in writing, bearing date on the day and year, and at the…
1Opinion of the CourtGeoyeb, J.
Section 114 of the Code provides that the defendant may demur to the complaint, when it shall appear upon the face thereof that there is one or more of six speci fled defects therein.' It is settled that these are the only grounds upon which a demurrer to the complaint can be sustained. The counsel for the appellant relies in the present case upon the second and sixth, principally upon the second, for the reason that the complaint contains no allegation that the plaintiff is a corporation, insisting that unless it is such, it has no capacity to sue in that character. In this position the…
2Cases cited2 opinions
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