Hutchinson v. Simpson
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, John W. Simpson and .another, as executors, etc., of John G. Moore, deceased, and others, front an interlocutory judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of New York ■on the 21st day of July, 1903, upon the decision of the court, rendered after a trial at the New York Special Term, overruling the -demurrers interposed hy the said defendants to the plaintiffs’ ■complaint.
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Appeal by the defendants, John W. Simpson and .another, as executors, etc., of John G. Moore, deceased, and others, front an interlocutory judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of New York ■on the 21st day of July, 1903, upon the decision of the court, rendered after a trial at the New York Special Term, overruling the -demurrers interposed hy the said defendants to the plaintiffs’ ■complaint. This action was brought by the plaintiffs as stockholders of the American Malting Company, a New Jersey corporation, to require .the…
1DissentHatch, J.
The complaint states a single and indivisible cause of action. The disposition which this court made of the motion to strike out certain parts of the complaint and to make other averments more definite and certain has settled as to form and materiality the averment of matter contained therein. While no opinion was written in making disposition of that appeal (77 App. Div. 642), yet such is.the necessary effect of that determination. The cause of action averred in this complaint, stripped of all verbiage, is plain and simple. It charges that Moore & Schley for the purpose of obtaining for…
2Cases cited21 opinions
- Dickerman v. Northern Trust Co.Supreme Court of the United States · 1900
- Sage v. . CulverNew York Court of Appeals · 1895
- Flynn v. . Brooklyn City R.R. Co.New York Court of Appeals · 1899
- Seymour v. Spring Forest Cemetery Ass'nNew York Court of Appeals · 1895
- Hayward v. LessonMassachusetts Supreme Judicial Court · 1900
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