La Fayette Insurance of Brooklyn v. Rogers
New York Supreme Court
APPEAL from an order made at chambers, overruling a demurrer to the complaint as frivolous, and ordering judgment for the plaintiffs,
1Opinion of the Court
By the Court, Brown, J.
This action is brought to recover the amount due upon a bond duly executed, under seal, by the defendant, to the plaintiffs, by their corporate name of The La Fayette Insurance Company of Brooklyn, and which is set out in licee verba in the plaintiffs’ complaint. The defendant demurred, and assigned two grounds: 1st. That it appeared on the face of the complaint that the plaintiffs had not legal capacity to sue, in omitting to recite the act or acts of incorporation, nor the proceedings under which the plaintiffs were alleged to have been organized, nor the substance…
2Cases cited2 opinions
- Prindle v. . CaruthersNew York Court of Appeals · 1857
- Bank of Waterville v. BeltserNew York Supreme Court · 1856
3Cited by3 opinions
- Thalheimer v. CrowSupreme Court of Colorado · 1889
- Jacobs v. CurtissSupreme Court of Connecticut · 1896
- Holmes v. StietzCity of New York Municipal Court · 1884