4 Barb. 127 | N.Y. Sup. Ct. | 1848
The parenthetical allegation in the bill, “ (who were authorized so to do,)” I think may be applied to a designation of the officers who could act for the company. It is not to be supposed that so important a matter was intended to slip into the pleadings in a manner so curt, loose and indefinite. The main question then, for I do not think the difficulties suggested orally by the defendants counsel are tenable, is, should the complainants have averred their authority to purchase Kohl’s supposed interest in the judgment Remer had obtained? This judgment was recovered in this state, but the complainants were a corporation in New Jersey, and the purchase, as appears by the assignment, was made in that state. Corpora-