McCrea v. . Robertson
New York Court of Appeals
Appeal from a judgment, entered September 4,1906, upon an order of the Appellate Division of the Supreme Court in the first judicial department, which reversed an interlocutory judgment of Special Term overruling a demurrer to the complaint and sustained such demurrer.
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Appeal from a judgment, entered September 4,1906, upon an order of the Appellate Division of the Supreme Court in the first judicial department, which reversed an interlocutory judgment of Special Term overruling a demurrer to the complaint and sustained such demurrer. The nature of the action and the facts, so far as material, are stated in the opinion. ■ Viewed only as a stockholders’ bill, the demurring defendants are proper parties, and, therefore, the complaint states a cause of action as to them. (Butts v. Wood, 38 Barb. 181; 37 N. Y. 317; Greaves v. Gouge, 69 N. Y. 154; Brinckerhoff v.…
1Opinion of the CourtGray, J.
Certain of the defendants in this action have demurred to the complaint upon the ground that, on the face thereof, it appears, as to each of them, that it does not state facts sufficient to constitute a cause of action. At Special Term, their demurrer was overruled; but, on appeal to the Appellate Division, that court reversed the order of the Special Term and sustained the demurrer. A final judgment has been entered dismissing the complaint as to the demurring defendants and the plaintiff lias appealed to this court.
The complaint alleges that the plaintiff is a stockholder of the David…
2Cases cited2 opinions
- Sage v. . CulverNew York Court of Appeals · 1895
- King v. . BarnesNew York Court of Appeals · 1888
3Cited by4 opinions
- Mencher v. RichardsAppellate Division of the Supreme Court of the State of New York · 1939
- Holmes v. Saint Joseph Lead Co.New York Supreme Court · 1914
- Hay v. BrookfieldAppellate Division of the Supreme Court of the State of New York · 1914
- In re Natural Dry Ginger Ale Corp.District Court, W.D. New York · 1935