Seizer v. Mali

By the Court,

Sutherland, J.

The defendants severally demurred to the plaintiff’s complaint in this action, on the ground, among others, that it does not state facts sufficient to *77constitute a cause of action. The demurrers were overruled by the special term, with costs. From these orders overruling the demurrers the defendants have appealed to the general term.

The complaint substantially states that “ The Parker Vein Coal Company,” a foreign corporation, by its act of incorporation had a capital stock of three millions of dollars, divided into shares of $100 each, and prior to April, 1854, had…