Mechanics' Banking Ass'n v. Spring Valley Shot & Lead Co.
New York Supreme Court
Demurrer to complaint. The action was upon a promissory note, made by the defendants. The objection to the complaint was* that it did not allege the incorporation of the defendants, and did not state facts sufficient to constitute a cause of action.
1Opinion of the Court
Clerke, Justice.
If the defendants are an incorporated company, it should be' so alleged in the complaint; and it should' he further alleged, that the note'was transferred in the ordinary course of business, by agents properly authorized. These facts must affirmatively appear, as essential constituents of the cause of action.
They do not merely show the manner in which the indorsement has been made, as a matter of evidence, but they constitute issuable facts, without proving which the plaintiffs cannot recover. (M'Cullough agt. Moss, 5 Denio, 567.)
The Code requires that the complaint must…
2Cases cited1 opinion
- McCullough v. MossCourt for the Trial of Impeachments and Correction of Errors · 1846
3Cited by1 opinion
- State v. Chicago, Milwaukee & St. Paul Railway Co.South Dakota Supreme Court · 1893