Rozwadow Young Men's Ass'n v. Langweil
New York Supreme Court
Action by Rozwadow Young Men’s Association against Samuel Langweil, as president, etc. Motion by plaintiff for judgment on demurrer to the complaint. Motion denied, with leave to plaintiff to amend its complaint within 20 days on payment of costs.
1Opinion of the CourtBenedict, J.
The defendant demurs to the complaint in this action, on three grounds: (1) That it does not state facts sufficient to constitute a cause of action; (2) that there is a defect of parties defendant; (3) that there is a misjoinder of causes of action.
[ 1 ] The complaint contains two counts, the gravamen of both of which is the pretended conveyance by certain officers of the plaintiff, a membership corporation, of certain cemetery property, without the authority of the trustees of the corporation.
In the first count it was the pleader’s evident intent to state a cause of action to remove a cloud…
2Cases cited4 opinions
- Lattin v. . McCartyNew York Court of Appeals · 1869
- Rector of St. Stephen's Protestant Episcopal Church v. Rector of the Church of the TransfigurationNew York Court of Appeals · 1911
- O'Donohue v. SmithAppellate Division of the Supreme Court of the State of New York · 1909
- Hills v. McKaneNew York Supreme Court · 1911
3Cited by1 opinion
- Rozwadow Young Men's Ass'n v. LangweilAppellate Division of the Supreme Court of the State of New York · 1914