Majority
p. 1119WELSBACH CO. v. NORWICH GAS & ELECTRIC CO. (Supreme Court, Appellate Division, Third Department. September 20, 1904.)
Headnote
Action by the Welsbach Company against the Norwich Gas & Electric Company.Motion for leave to go to Court of Appeals granted, and questions certified as follows: (1) Was the complaint demurrable upon the ground that it appears upon the face thereof that the plaintifE did not have legal capacity to sue? (2) Was the complaint demurrable on the ground that facts are not therein stated sufficient to constitute a cause of action?