Legal Opinion

Cass v. . Realty Securities Company

New York Court of Appeals

Decided June 21, 1912PublishedCited by 10 opinions

Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered December 29, 1911, which reversed an order of Special Term granting a motion by the plaintiffs for judgment in their favor upon the pleadings, and sustained demurrers to the complaint in an action to obtain the appointment of a receiver of the defendant Realty Securities Company, to restrain the paying out of any of its moneys and for a discovery and…

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Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered December 29, 1911, which reversed an order of Special Term granting a motion by the plaintiffs for judgment in their favor upon the pleadings, and sustained demurrers to the complaint in an action to obtain the appointment of a receiver of the defendant Realty Securities Company, to restrain the paying out of any of its moneys and for a discovery and accounting of its affairs. The following questions were certified: “ 1. Does the complaint state facts sufficient to…

1Opinion of the Court

Order affirmed, with costs; first question certified answered as follows: The complaint does not state a cause of action against the demurring defendants or either of them. Second question not answered; no opinion.

Concur: G-ray, Werner, Willard Bartlett, Hisoook, Chase and Collin, JJ. Absent: Cullen, Ch. J.

2Cited by10 opinions

  1. In re the Estate of MullinNew York Surrogate's Court · 1932
  2. Simon v. Socony-Vacuum Oil Co.New York Supreme Court · 1942
  3. Bernstein v. FriedlanderNew York Supreme Court · 1968
  4. Holmes v. Saint Joseph Lead Co.Appellate Division of the Supreme Court of the State of New York · 1915
  5. In re the Estate of CollierNew York Surrogate's Court · 1920

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