City of New York v. Montague
Appellate Division of the Supreme Court of the State of New York
Appeal by tbe plaintiff, The City of New York, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of New York on the 8 th day of July, 1910, upon the decision of the court, rendered after a trial at the New York Special Term, sustaining demurrers to the complaint and dismissing the said complaint.
1Opinion of the Court
Miller, J.:
The demurrer is for insufficiency, defect of parties defendant and want of capacity to sue. The action was brought against the receiver of the Fulton Street Railroad Company. Certain bondholders were allowed to intervene. The demurrer was sustained at Special. Term on the ground that the action was *174one to declare a franchise forfeited for nonuser, and could only be brought by the People acting’ through the Attorney-General. (68 Misc. Rep. 176.) If that view of the complaint be correct the demurrer was properly sustained. (City of New York v. Bryan, 196 N. Y. 158.) But an…
2Cases cited3 opinions
- City of New York v. . RiceNew York Court of Appeals · 1910
- City of New York v. . BryanNew York Court of Appeals · 1909
- City of New York v. MontagueNew York Supreme Court · 1910
3Cited by1 opinion
- City of New York v. MontagueAppellate Division of the Supreme Court of the State of New York · 1912