New York Court of Appeals May 19, 1908 (Cohen v. American Surety Co. of New York)

Chase, J.

The defendant demurred to the plaintiff’s complaint upon two grounds :

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1. Because it appears upon the face of said complaint that the plaintiff has not legal capacity to sue. * * * 2. Because it appears upon the face of said complaint that the complaint does not state facts sufficient to constitute a cause of action.