Higgins v. Tefft
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, William E. Tefit, from so much of an interlocutory judgment of the Supreme Court in favor of the plaintiff,, entered in the office of the clerk of the county of New York on the 18th day of December, 1895, upon the decision of the court rendered after a trial at the New York Special Term, as overrules the demurrer of the said defendant as to the fust and fifth grounds thereof, and also from so much of said judgment as allows the plaintiff to amend his…
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Appeal by the defendant, William E. Tefit, from so much of an interlocutory judgment of the Supreme Court in favor of the plaintiff,, entered in the office of the clerk of the county of New York on the 18th day of December, 1895, upon the decision of the court rendered after a trial at the New York Special Term, as overrules the demurrer of the said defendant as to the fust and fifth grounds thereof, and also from so much of said judgment as allows the plaintiff to amend his complaint. Also, an appeal by the plaintiff, Francis Higgins, as receiver of the North River Bank of the City of New…
1Opinion of the Court
Ingraham, J :
The plaintiff brings this action as receiver of the North River Bank, a banking corporation organized under the laws of the State of New York, to recover from the defendants, who were the directors of the bank, the. damages which the said bank, its depositors, stockholders and other creditors have sustained by reason of the wrongful and negligent acts of the defendants as its directors.
The defendant William E. TefEt demurs to the complaint upon two grounds: (1) That causes of action have been improperly united in said complaint; and (2) that the said complaint does not state…
2Cases cited1 opinion
- O'Brien v. . FitzgeraldNew York Court of Appeals · 1894
3Cited by23 opinions
- Dykman v. . KeeneyNew York Court of Appeals · 1897
- O'Brien v. FitzgeraldAppellate Division of the Supreme Court of the State of New York · 1896
- German American Coffee Co. v. DiehlNew York Supreme Court · 1914
- Gormley v. SlicerSupreme Court of Georgia · 1933
- Camrex (Holdings) Ltd. v. Camrex Reliance Paint Co.District Court, E.D. New York · 1981
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