President, Directors & Co. of the Bank of Auburn v. Aikin
This text of 18 Johns. 137 (President, Directors & Co. of the Bank of Auburn v. Aikin) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
No doubt the plea was put in for delay $ but we cannot say that the defendant had no right to plead such a plea. But the replication was bad. The plaintiffs ought to have replied specially, and shown how they were a corporation; for the act by which they are incorporated, requires certain things to be done before they can be a corporation. It is not necessary, actually, to strike out the similiter; the demurrer is a sufficient notice for that purpose. (Col. Cases, 46.) The motion of the defendants must be granted, with costs, but the plaintiffs have leave to amend their replication.
Motion granted.
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18 Johns. 137, Counsel Stack Legal Research, https://law.counselstack.com/opinion/president-directors-co-of-the-bank-of-auburn-v-aikin-nysupct-1820.