Legal Opinion

Oesterreicher v. Sporting Times Pub. Co.

City of New York Municipal Court

Decided April 15, 1889PublishedCited by 6 opinions

Action by Ignatz Oesterreieher against the Sporting Times Publishing Company, to recover the value of a printing plate made for the defendant. The -complaint fails to state whether the defendant is a corporation or an entity of any kind. The defendant demurs on the ground that the complaint does not state facts sufficient to constitute a cause of action.

1Opinion of the CourtMcAdaii, C. J.

The Code requires that, in an action brought by or against a corporation, the complaint must aver that the plaintiff or the defendant, as the case may be, is a corporation, and whether it is a domestic or foreign corporation, etc., (Code, § 1775;) and the omission of these allegations is ground ■of demurrer, (Baker v. Printing Co., 3 Month. Law Bul. 29; Clegg v. Newspaper Union, 8 Civil Proc. R. 401; Bank v. Doying, 11 Civil Proc. R. 61.) The cases relied on by the plaintiff (Fox v. Preserving Co., 93 N. Y. 54; Bank v. Corbett, 10 Abb. N. C. 86) are inapplicable. The first has no reference to…

2Cases cited1 opinion

  1. Fox v. . the Erie Preserving CompanyNew York Court of Appeals · 1883

3Cited by6 opinions

  1. Canessa v. Kislak, Inc.New Jersey Superior Court Appellate Division · 1967
  2. Bantam Books, Inc. v. MelkoNew Jersey Superior Court Appellate Division · 1953
  3. A. Kaplen & Son, Ltd. v. Housing Authority of PassaicNew Jersey Superior Court Appellate Division · 1956
  4. Frizen v. PoppyNew Jersey Superior Court Appellate Division · 1952
  5. Rothchild v. Grand Trunk Railway Co. of CanadaNew York Supreme Court · 1890

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