Chandler v. Erie Transfer Co.

City of New York Municipal Court

Chandler v. Erie Transfer Co.

13 N.Y.S. 573, 19 N.Y. Civ. Proc. R. 385, 1890 N.Y. Misc. LEXIS 3241

DecidedSeptember 24, 1890

StatusPublished

This text of 13 N.Y.S. 573 (Chandler v. Erie Transfer Co.) is published on Counsel Stack Legal Research, covering City of New York Municipal Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Chandler v. Erie Transfer Co., 13 N.Y.S. 573, 19 N.Y. Civ. Proc. R. 385, 1890 N.Y. Misc. LEXIS 3241 (N.Y. Super. Ct. 1890).

Pincite

Opinion

McAdam, G. J.

The Code, § 1775, requires the complaint by or against a corporation to state whether it is a domestic or foreign corporation, and, if the latter, the state, country, or government by or under whose laws it was created. See, also, Clegg v. Union, 8 Civil Proc. R. 401; Bank v. Doying, 11 Civil Proc. R. 61. For failure to observe this provision, the complaint is defective, and the demurrer well taken. The demurrer is a plea, and was neither waived nor excluded. Motion for judgment denied, with leave to the plaintiff to amend on payment, within six days, of $10 costs.

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McAdam, G. J.

The Code, § 1775, requires the complaint by or against a corporation to state whether it is a domestic or foreign corporation, and, if the latter, the state, country, or government by or under whose laws it was created. See, also, Clegg v. Union, 8 Civil Proc. R. 401; Bank v. Doying, 11 Civil Proc. R. 61. For failure to observe this provision, the complaint is defective, and the demurrer well taken. The demurrer is a plea, and was neither waived nor excluded. Motion for judgment denied, with leave to the plaintiff to amend on payment, within six days, of $10 costs.

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Bluebook (online)

13 N.Y.S. 573, 19 N.Y. Civ. Proc. R. 385, 1890 N.Y. Misc. LEXIS 3241, Counsel Stack Legal Research, https://law.counselstack.com/opinion/chandler-v-erie-transfer-co-nynyccityct-1890.