Ogden v. Rollo
New York Supreme Court
Appeal from an order overruling a demurrer. This was an action brought by the plaintiff as a creditor of an insurance company, and seeking to hold the defendant, who had been one of their trustees, liable personally for his claim against the company, on the ground of negligence and mismanagement on the part of the trustees. The complaint will be found appended to our report of Andrews a.
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Appeal from an order overruling a demurrer. This was an action brought by the plaintiff as a creditor of an insurance company, and seeking to hold the defendant, who had been one of their trustees, liable personally for his claim against the company, on the ground of negligence and mismanagement on the part of the trustees. The complaint will be found appended to our report of Andrews a. Murray (9 Ante, 8). The defendant demurred'to each statement of the complaint, on the ground that it did not state facts sufficient-to constitute a cause of action. The demurrer was overruled at special term.
1Opinion of the Court
By the Court.—Sutherland, J.
—The complaint purports to contain two causes of action. The- 1st, 2d, 3d, 4th,: and 5th clauses of the complaint contain the first alleged cause of action, and the 6th clause the second alleged cause of action.
I think there is a fatal defect in both counts, or in stating both alleged causes of action, in this: that it is not alleged, nor does it appear, that the plaintiff was a creditor of the corporation at the time the wrongful acts and violation of law complain? ed of are alleged to have been done or committed.
The - theory of both counts is, that the wrongful…
2Cited by1 opinion
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