Tyndall v. . Pinelawn Cemetery
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 November 19, 1909, which affirmed an interlocutory judgment of Special Term overruling a demurrer to the complaint, The nature of the action, the facts, so far as material, and the question certified are stated in the opinion. The complaint does not state a cause of action in equity. The plaintiff’s right, if any, is in an action at law upon a debt.
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Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered November 19, 1909, which affirmed an interlocutory judgment of Special Term overruling a demurrer to the complaint, The nature of the action, the facts, so far as material, and the question certified are stated in the opinion. The complaint does not state a cause of action in equity. The plaintiff’s right, if any, is in an action at law upon a debt. (A. E. Nat. Bank v. Woodlawn Cemetery, 194 N. Y. 116; Thacher v. H. C. Assn., 126 N. Y. 507; Ross v. Greenwood Cemetery,…
1Per curiam
The plaintiff, as the owner of a certificate for “ one hundred shares interest in one-half the gross proceeds of the sale of the use of lots in Pinelawn Cemetery,” a domestic corporation, brought this action to compel an accounting for the moneys received by tlie-defendant for the sale of lots and to recover his share thereof. Other relief of an equitable nature was also demanded. The certificate states that it “is a lien on the land purchase fund of Pinelawn Cemetery, which fund shall be composed of one-half the gross proceeds of the sale in due and natural course of burial lands in said…
2Cases cited3 opinions
- Marvin v. . BrooksNew York Court of Appeals · 1883
- American Exchange National Bank v. Woodlawn CemeteryNew York Court of Appeals · 1909
- Thacher v. Hope Cemetery Ass'nNew York Court of Appeals · 1891
3Cited by18 opinions
- Kovarsky v. Brooklyn Union Gas Co.New York Court of Appeals · 1938
- Lichtyger v. Franchard Corp.New York Court of Appeals · 1966
- Society Milion Athena, Inc. v. National Bank of GreeceNew York Court of Appeals · 1939
- Rubenstein v. SmallAppellate Division of the Supreme Court of the State of New York · 1947
- Ray v. Marine Midland Grace Trust Co.New York Court of Appeals · 1974
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