Onondaga County Bank v. Carr
New York Supreme Court
Motion for judgment for frivolousness of demurrer. The plaintiffs declared on the common money counts. The defendant pleaded nul tiel corporation.
Read the full summary
Motion for judgment for frivolousness of demurrer. The plaintiffs declared on the common money counts. The defendant pleaded nul tiel corporation. The plaintiffs replied precludi non, because, in pursuance of an act of the legislature, entitled “ An act to incorporate the president, directors and company of the Onondaga County Bank,” passed 15th April, 1830, they the said plaintiffs, became, and at the time of the commencement of this suit were, and still are a body politic and corporate, and have a right as such to commence and prosecute this suit, concluding to the country. The defendant…
1Opinion of the Court
By the Court,
Nelson. Ch. J.
The demurrer is not frivolous. The defendant is entitled to rejoin, either hv taking issue upon the replication or *251settingup an ouster, or dissolution of the corporation, if such be the fact, and to have enabled him to do so, the replication should have concluded with a verification. The short mode of pleading permitted by the statute was not intended to relieve corporations from proving their existence in the manner heretofore required. Bad the plaintiffs averred in their declaration, pursu ant to the statute (2 R. S. 459, § 13), that they were a corporation,…
2Cited by3 opinions
- Bank of Havana v. WickhamNew York Supreme Court · 1858
- Bank of Havana v. WickhamNew York Supreme Court · 1857
- Ellis, Administrator v. Appleby AnotherSupreme Court of Rhode Island · 1857