¶1Held, that an averment in a complaint of incorporation does not carry with it any allegation of the existence of any specific number of trustees, and although the law requires three or more trustees the court will not hold, without any specific allegation of the complaint, to that effect, that there existed any more trustees than are named in the "complaint; that the grounds of demurrer were not apparent on the face of the complaint, and the demurrers were overruled.
65 How. Pr. 145
Botsford v. Dodge
The Superior Court of New York City
Decided June 15, 1883
The Superior Court of New York City · decided 1883-06-15
This action was brought against two trustees of a manufacturing corporation by a creditor of the company, to recover the amount of a debt due from it under section 12 of chapter 40 of the Laws of 1848, the company having failed to file its annual report. A demurrer was interposed by the defendants on the ground that there was a defect of parties defendant, only two out of three trustees having been joined.
Cited by 1 later decisions — most recently October 1893
1 state decisions
Good law ✅— No negative treatment on recordhow we know
Decided 1883-06-15
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