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

Appellate Terms of the Supreme Court of New York·Decided December 20, 1907·Published

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.

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

Pincite

107 N.Y.S. 718 (Thomsen v. Henri P. Alexander, Inc.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.