Unckles v. . Colgate
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made October 13, 1893, which affirmed a judgment in favor of defendants entered upon a decision of the court at Special Term sustaining a demurrer to the complaint. The nature of the action and the facts, so far as material, are stated in the opinion. On demurrer all reasonable intendments will be indulged in in support of the pleading demurred to.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made October 13, 1893, which affirmed a judgment in favor of defendants entered upon a decision of the court at Special Term sustaining a demurrer to the complaint. The nature of the action and the facts, so far as material, are stated in the opinion. On demurrer all reasonable intendments will be indulged in in support of the pleading demurred to. (Marie v. Garrison, 83 N. Y. 14, 23; Lorillard v. Clyde, 86 N. Y. 384, 385, 389; Wetmore v. Porter, 92 N. Y. 76; Emery v. Pease,…
1Opinion of the CourtGray, J.
The complainant, as a holder of “ certificates of trust ” issued by the National Lead Trust, seeks by this action to obtain a judgment which shall provide for the winding up of the affairs of the trust, for an accounting by the defendants, who were the trustees under the trust agreement, for the appointment of a receiver and for a distribution through the receiver of all moneys and of the proceeds of property which came into the defendants’ hands and for other incidental equitable relief. The complaint was demurred to and the question is whether, admitting all its averments to be true, a…
2Cases cited3 opinions
- People v. North River Sugar Refining Co.New York Court of Appeals · 1890
- Leonard v. . PooleNew York Court of Appeals · 1889
- Knowlton v. . Congress Empire Spring Co.New York Court of Appeals · 1874
3Cited by21 opinions
- State ex inf. Hadley v. Standard Oil Co.Supreme Court of Missouri · 1909
- Duane v. Merchants Legal Stamp Co.Massachusetts Supreme Judicial Court · 1918
- Albright v. KarstonSupreme Court of Arkansas · 1943
- Pittsburgh, Cincinnati, Chicago & St. Louis Railway Co. v. Town of CrothersvilleIndiana Supreme Court · 1902
- Scheinberg v. ScheinbergNew York Court of Appeals · 1928
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