Witherbee v. . Bowles
New York Court of Appeals
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered January 20, 1911, which reversed an interlocutory judgment of Special Term overruling a demurrer to the complaint and sustained such demurrer.
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Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered January 20, 1911, which reversed an interlocutory judgment of Special Term overruling a demurrer to the complaint and sustained such demurrer. The following questions were certified : “ 1. Does the complaint state facts sufficient to constitute a cause of action ? 2. Is there a defect of parties defendant apparent upon the face of the complaint ? 3. Have causes of action been improperly united.” The nature of the action and the facts, so far as material, are stated in…
1Opinion of the CourtHiscock, J.
Plaintiffs are seeking to maintain the character and sufficiency of their complaint, which only contains one count, in the face of a demurrer which assails it on the grounds that there is a defect of parties defendant, that it does not state facts sufficient to constitute a cause of action, and that causes of action have been improperly united. The specification under this last and most important charge is that there have been joined one cause accruing to plaintiffs in their individual right and another derived from and asserted in behalf of a corporation controlled by hostile and unfaithful…
2Cases cited3 opinions
- Brinkerhoff v. BrownNew York Court of Chancery · 1822
- Loos v. . WilkinsonNew York Court of Appeals · 1888
- Stokes v. . Continental Trust Co.New York Court of Appeals · 1906
3Cited by26 opinions
- Abrams v. DonatiNew York Court of Appeals · 1985
- Sutter v. General Petroleum Corp.California Supreme Court · 1946
- Brock v. . PoorNew York Court of Appeals · 1915
- Elster v. American Airlines, Inc.Court of Chancery of Delaware · 1953
- Fidelis Corporation v. Litton Industries, Inc.District Court, S.D. New York · 1968
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