Messler v. Schwarzkopf & Dorer (Ltd.)

The action is to recover a balance claimed to be due on sales and deliveries of goods to defendant'. The plaintiff alleges, and the defendant admits, that the defendant was and is a joint-stock association, organized and created under the laws of Hew Jersey. The defendant put in issue the other allegations of the complaint, and set up defenses and a counterclaim to the cause of action. On the trial the defendant, before the introduction of any evidence, moved to dismiss the complaint on the ground that it did not state facts sufficient to constitute a cause of action; the theory of the…