National Temperance Society & Publication House v. Anderson

Superior Court of Buffalo

National Temperance Society & Publication House v. Anderson

2 N.Y.S. 49, 1888 N.Y. Misc. LEXIS 29

CourtSuperior Court of Buffalo

DecidedJune 29, 1888

StatusPublished

Cited by2 cases

This text of 2 N.Y.S. 49 (National Temperance Society & Publication House v. Anderson) is published on Counsel Stack Legal Research, covering Superior Court of Buffalo primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

National Temperance Society & Publication House v. Anderson, 2 N.Y.S. 49, 1888 N.Y. Misc. LEXIS 29 (N.Y. Super. Ct. 1888).

Pincite

Opinion

Titus, J.

The complaint does not allege whether the plaintiff is a domestic or foreign corporation, or the state, country, or government by or under whose laws it was created, as required by section 1775 of the Code, or any facts from which the court can determine to which class of corporations the plaintiff be[50]*50longs. In Bank v. Rogers, 1 N. Y. Supp. 757, (decided at tins term of court,) it was held that the complaint must allege whether the plaintiff was a domestic or foreign corporation, unless the court can determine from the facts stated to which class of corporations it belongs. In this case no facts are stated which afford the court any means of determining. It is not alleged under the laws of what state or country the plaintiff is created. In the particulars referred to the complaint is defective, and the objection can be taken by demurrer. The other ground of demurrer we do not think is well taken. The action is not on the draft, but on a claim that money was deposited with the defendant subject to the plaintiff’s order, and that the defendant has neglected to pay over the same after it has been demanded of him. For the reason first above stated the demurrer must be sustained, and judgment ordered for the defendant, with leave to the plaintiff to serve an amended complaint.

All concur.

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Titus, J.

The complaint does not allege whether the plaintiff is a domestic or foreign corporation, or the state, country, or government by or under whose laws it was created, as required by section 1775 of the Code, or any facts from which the court can determine to which class of corporations the plaintiff be[50]*50longs. In Bank v. Rogers, 1 N. Y. Supp. 757, (decided at tins term of court,) it was held that the complaint must allege whether the plaintiff was a domestic or foreign corporation, unless the court can determine from the facts stated to which class of corporations it belongs. In this case no facts are stated which afford the court any means of determining. It is not alleged under the laws of what state or country the plaintiff is created. In the particulars referred to the complaint is defective, and the objection can be taken by demurrer. The other ground of demurrer we do not think is well taken. The action is not on the draft, but on a claim that money was deposited with the defendant subject to the plaintiff’s order, and that the defendant has neglected to pay over the same after it has been demanded of him. For the reason first above stated the demurrer must be sustained, and judgment ordered for the defendant, with leave to the plaintiff to serve an amended complaint.

All concur.

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Bluebook (online)

2 N.Y.S. 49, 1888 N.Y. Misc. LEXIS 29, Counsel Stack Legal Research, https://law.counselstack.com/opinion/national-temperance-society-publication-house-v-anderson-nysuperctbuf-1888.

Opinion

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