Thomsen v. Henri P. Alexander, Inc.

Appellate Terms of the Supreme Court of New York

Thomsen v. Henri P. Alexander, Inc.

107 N.Y.S. 718

CourtAppellate Terms of the Supreme Court of New York

DecidedDecember 20, 1907

StatusPublished

This text of 107 N.Y.S. 718 (Thomsen v. Henri P. Alexander, Inc.) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Thomsen v. Henri P. Alexander, Inc., 107 N.Y.S. 718 (N.Y. Ct. App. 1907).

Pincite

Opinion

McCALL, J.

This action was brought against the defendant as a corporation, and the summons served upon Alexander, the president. The pleadings were oral, the plaintiff complaining for goods sold and' delivered; but it is evident from the testimony that plaintiff’s claim existed against Alexander individually, and was evidenced by a promissory note given by him several months before the defendant was incorporated. The defendant had never dealt with and had never incurred liability to the plaintiff. The plaintiff failed to prove a cause of action against the defendant corporation.

Judgment reversed, with costs, and complaint dismissed. All concur.

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McCALL, J.

This action was brought against the defendant as a corporation, and the summons served upon Alexander, the president. The pleadings were oral, the plaintiff complaining for goods sold and' delivered; but it is evident from the testimony that plaintiff’s claim existed against Alexander individually, and was evidenced by a promissory note given by him several months before the defendant was incorporated. The defendant had never dealt with and had never incurred liability to the plaintiff. The plaintiff failed to prove a cause of action against the defendant corporation.

Judgment reversed, with costs, and complaint dismissed. All concur.

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Bluebook (online)

107 N.Y.S. 718, Counsel Stack Legal Research, https://law.counselstack.com/opinion/thomsen-v-henri-p-alexander-inc-nyappterm-1907.