In an action brought by or against a corporation, the plaintiff need nor prove upon the trial, the existence of the corporation unless the answer is verified and contains an affirmative allegation that the plaintiff, or the defendant, as the case may... Miscellaneous Reports. Cases Decided in the Courts of Record of the State of ... - Pàgina 613per New York (State). Courts, Francis Blaine Delehanty (Reporter), Austin B. Griffin (Reporter), Robert George Scherer (Reporter), Edward Jordan Dimock (Reporter), Joseph Albert Lawson (Reporter), Charles Cook Lester (Reporter), William Van Rensselaer Erving (Reporter), Louis J. Rezzemini (Reporter) - 1917Visualització completa - Sobre aquest llibre
| Kentucky. Court of Appeals, James Hughes, Achilles Sneed, Martin D. Hardin, George Minos Bibb, Alexander Keith Marshall, William Littell - 1912 - 970 pàgines
...consideration. This, however, is not the general rule. On the contrary, the authorities agree that the general allegation that the plaintiff or the defendant, as the case may be, is a corporation, organized and existing under the laws of some named State, is sufficient. (Thompson... | |
| Marcus Tullius Hun - 1893 - 724 pàgines
...was equally applicable to foreign as well as to domestic corporations. Unless, therefore, there is an affirmative allegation that the plaintiff, or the...defendant, as the case may be, is not a corporation, the existence of the corporation need not be proved. Here the answer alleged that defendant " has no... | |
| New York (State) - 1880 - 832 pàgines
...against a corporation, corporate the plaintiff need not prove, upon the trial, the existence of umieces° the corporation, unless the answer is verified, and...affirmative allegation that the plaintiff, or the defendant ITtLK 3. ART 1 §. 1777. In an action or special proceeding, brought by or against a corporation, the... | |
| New York (State) - 1880 - 668 pàgines
...corpo- existence ration, unless the answer is verified, and contains an affirmative alle- sary. gation that the plaintiff, or the defendant, as the case may be, is not a corporation. [Id., § 3, as amended by L. 1864, ch. 422 (6 Edm., 296), and L. 1875, ch. 508. extended to a case... | |
| New York (State) - 1881 - 1532 pàgines
...Howe Machine Co. u. Robinson, 7 Daly, 399. § 1776. When proof of corporate existence unnecessary. — In an action, brought by or against a corporation,...verified, and contains an affirmative allegation that tlie plaintiff, or the defendant, as the case may be, is not a corporation. 1,1.. ? 1. amended. L.... | |
| 1885 - 664 pàgines
...for the Code provides, § 1776, that the plaintiff corporation need not prove its corporate existence unless the answer is verified and contains an affirmative allegation that the plaintiff is not a corporation. Section 15 of Ch. 140, Laws of 1850, apparently provides that the land owner... | |
| New York (State), Charles David Rust - 1885 - 814 pàgines
...corporation may be sued. § 1775. In an action brought by or against a corporation, the complaint roust aver that the plaintiff, or the defendant, as the case may be, is a corporation ; must s-tate whether it is a domestic corporation or a foreign corporation ; and, if... | |
| Charles Theodore Boone - 1885 - 598 pàgines
...Railroad Co. 11 Iowa, 502. In New York, In an action by or against a corporation, the complaint must aver that the plaintiff or the defendant, as the case may be, is a corporation : NV Code Civ. Proc, I 1775. See Irving Nat. Bank v. Corbett, 10 Abb. NC 8i ; Concordta... | |
| Victor Morawetz - 1886 - 642 pàgines
...evidence to prove the fact is necessary.1 The Code of Civil Procedure of New York provides that, " In an action brought by or against a corporation,...defendant, as the case may be, is not a corporation." 2 § 773. A judgment purporting to be obtained against a corporation which is not in existence at least... | |
| New York (State). Courts, Nathan Howard (Jr.), Rowland M. Stover - 1886 - 692 pàgines
...of the Code provides that in an action brought by or against a corporation, the complaint must aver that the plaintiff or the defendant, as the case may be, is a fiorporation ; must state whether it is a domestic corporation or a foreign corporation : and if... | |
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