McHarg v. Eastman
The Superior Court of New York City
The complaint alleged that the defendant was one of the trustees of the Washington Medallion Pen Company, organized under the general incorporating act of this state. That the certificate of incorporation was filed February 10, 1857. That said company -purchased machineiy and gave their promissory note for the price thereof; upon which note an action was brought against the company, judgment recovered, and an execution thereon returned unsatisfied.
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The complaint alleged that the defendant was one of the trustees of the Washington Medallion Pen Company, organized under the general incorporating act of this state. That the certificate of incorporation was filed February 10, 1857. That said company -purchased machineiy and gave their promissory note for the price thereof; upon which note an action was brought against the company, judgment recovered, and an execution thereon returned unsatisfied. That the said debt and judgment were afterwards duly assigned to the plaintiff. That said company has not annually, within twenty days from the…
1Opinion of the Court
By the court, Monell, J.
J. The reference in the complaint to the “eleventh” section of the general manufacturing law, instead of the twelfth section of said act, which prescribes the duties of corporations in respect to making annual reports, was apparently a mere error of the draftsman or copyist of the pleading. It is wholly immaterial. Public statutes need not be recited or even referred to in a pleading. It is sufficient if the case is brought within the statute. [Bayard agt. Smith, 17 Wend. 88; Cole agt. Jessup, 10 How. Br. B. 524.) In pleading a private statute or a right derived…
2Cases cited2 opinions
- Bayard v. SmithNew York Supreme Court · 1837
- Merchants' Bank of New Haven v. BlissThe Superior Court of New York City · 1861
3Cited by10 opinions
- Niagara Falls Power Co. v. WhiteNew York Court of Appeals · 1944
- Hegeman & Co. v. HegemanNew York Court of Common Pleas · 1880
- Brown v. ClowIndiana Supreme Court · 1902
- Dabney v. StevensThe Superior Court of New York City · 1870
- Duckworth v. RoachNew York Court of Common Pleas · 1878
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