Brock v. . Poor
New York Court of Appeals
Appeal by each, defendant separately, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered May 1, 1915, which reversed an order of Special Term sustaining a demurrer to the amended complaint and overruled said demurrer.
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Appeal by each, defendant separately, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered May 1, 1915, which reversed an order of Special Term sustaining a demurrer to the amended complaint and overruled said demurrer. The following questions were certified on each appeal: “1. Is there a misjoinder of causes of action in the complaint ? “ 2. Does the complaint state facts sufficient to constitute a cause of action ? ” The nature of the action and the facts, so far as material, are stated in the opinion, where, although separate…
1Opinion of the CourtHisoock, J.
This action was brought by the plaintiff as a former stockholder in the defendant The Anthony & Scovill Company in behalf of himself and other former stockholders and also in. behalf of present stockholders of said company to obtain relief from the alleged wrongful acts of the individual defendants whereby they had misappropriated to their own use property belonging to said corporation and deceived and injured the plaintiff and others similarly situated. The complaint was demurred to as attempting to set forth two causes of action which could not be joined, oile in favor of the plaintiff in…
2Cases cited22 opinions
- Peterson v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of the United States · 1907
- Conley v. Mathieson Alkali WorksSupreme Court of the United States · 1903
- Vail v. . ReynoldsNew York Court of Appeals · 1890
- People v. . BallardNew York Court of Appeals · 1892
- Bosworth v. . AllenNew York Court of Appeals · 1901
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- Abrams v. DonatiNew York Court of Appeals · 1985
- 5303 Realty Corp. v. O & Y Equity Corp.New York Court of Appeals · 1984
- Petrogradsky Mejdunarodny Kommerchesky Bank v. National City BankNew York Court of Appeals · 1930
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