Gilleran v. Owens
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Albert S. Owens, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 28th day of February, 1918, denying his motion for judgment on the pleadings, consisting of an amended complaint and the demurrer thereto.
1Opinion of the Court
Smith, J.:
The complaint is first attacked upon the ground of insufficiency, and secondly, that causes of action have been improperly united.. The plaintiff was the owner of certain certificates of indebtedness issued by the defendant cemetery association. These aggregate about $460,000. These certificates give to the various certificate holders a proportionate interest in one-half of the gross receipts for lots sold in the cemetery and provide for its distribution by the association. The said $460,000 of certificates, represented by plaintiff’s certificates, constitute a part only of an…
2Cases cited3 opinions
- Tyndall v. . Pinelawn CemeteryNew York Court of Appeals · 1910
- Baker v. BurkettMississippi Supreme Court · 1897
- Gilleran v. OwensAppellate Division of the Supreme Court of the State of New York · 1918
3Cited by3 opinions
- Rock Island Plow Co. v. Cut Bank Implement Co.Montana Supreme Court · 1935
- Gilleran v. ColbyAppellate Division of the Supreme Court of the State of New York · 1918
- Gilleran v. Springfield L. I. Cemetery SocietyAppellate Division of the Supreme Court of the State of New York · 1918