New York Supreme Court January 15, 1881 (Irving National Bank v. Corbett)

Barrett, J.

The demurrer is limited to the eighth ground specified in section 488 of the Code of Civil Procedure, namely, that the complaint does not state facts sufficient to constitute a cause of action. That ground has no applicability to the capacity of the plaintiff to sue (40 N. Y. 410). It relates only to the statement of facts constituting the cause of action.