146 N.Y.S. 362 | N.Y. App. Div. | 1914
The plaintiff, a domestic stock corporation, brought this action to recover the amount of a claim for groceries, moats, etc., sold and delivered to the defendant. The answer denied the claim, and for “ a second separate and further answer and defense, defendant alleges that the defendant and several other residents of the city of Rensselaer agreed to become members of a co-operative association through which they were to obtain
Upon the trial before the City Court it was admitted that the plaintiff was a domestic corporation and that the goods, wares and merchandise were delivered to the defendant to the value of twenty-four dollars and forty-seven cents, and that no money had been paid on the account, but judgment was given for the defendant dismissing the complaint, and this judgment has been affirmed upon appeal to the County Court.
Just how the facts alleged in the answer could, in any manner, constitute a defense to this cause of action it is difficult to understand. The complaint alleged that the plaintiff was a domestic corporation, and that the defendant owed a certain sum of money for goods purchased of the corporation, and both of these facts were admitted, but because it was alleged and, we may assume, proved that the “ defendant and several other-residents of the city of. Eensselaer agreed to become members of a co-operative association,” and that each agreed “ to and did pay for such privilege the sum of $25.00, with the further understanding that said subscribers, or any of them, whenever they desired to, might withdraw from said association and receive back the $25.00, or trade out same with said association,” clearly has no relation to the plaintiff as a stock corporation of the State of New York. Nor is the case helped by the further allegation that “under said agreement defendant and the other members of the association traded with the said McGill Company in the belief that the said agreement was being and would be fulfilled.” There is no allegation that the G. H.
All concurred.
Judgment and order reversed, with costs, and judgment directed for the plaintiff, with costs in all courts.