Botsford v. Dodge

65 How. Pr. 145

Opinion

Freedman, J.

Held, that an averment in a complaint of incorporation does not carry with it any allegation of the existence of any specific number of trustees, and although the law requires three or more trustees the court will not hold, without any specific allegation of the complaint, to that effect, that there existed any more trustees than are named in the "complaint; that the grounds of demurrer were not apparent on the face of the complaint, and the demurrers were overruled.