Brinckerhoff v. . Bostwick
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the second judicial department, made February 15, 1887, which reversed an order made at Circuit, striking the case from the Circuit calendar and directing it to be tried as an equity action by the court without a jury, with leave, however, to the defendants to apply to the court for an order framing. issues to be tried by jury.
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Appeal from order of the General Term of the Supreme Court in the second judicial department, made February 15, 1887, which reversed an order made at Circuit, striking the case from the Circuit calendar and directing it to be tried as an equity action by the court without a jury, with leave, however, to the defendants to apply to the court for an order framing. issues to be tried by jury. (Reported below, 43 Hun, 458.) This action was brought by Brinckerhoff, the original plaintiff, in his own behalf as stockholder of the Fishkill Rational Bank, and on behalf of the other stockholders,…
1Opinion of the CourtPeckham, J.
This action has already been held by this court to be an equitable one. It is brought by plaintiff in his own behalf, as stockholder of the bank, and in behalf of all others similarly situated, against defendants,, who were directors of the bank, to call them to account as trustees for the manner in which they have discharged their trust. Of such actions courts of equity have always had jurisdiction. (Brinckerhoff v. Bostwick, 99 N. Y. 185.) Nothing in the opinion in this case, when last here, and reported, supra, gives color to the idea that the case was regarded otherwise than as an…
2Cases cited5 opinions
- Brinckerhoff v. . BostwickNew York Court of Appeals · 1882
- Brinckerhoff v. . BostwickNew York Court of Appeals · 1885
- Hun v. . CaryNew York Court of Appeals · 1880
- Bradley v. . AldrichNew York Court of Appeals · 1869
- Davison v. . Associates of the Jersey CompanyNew York Court of Appeals · 1877
3Cited by36 opinions
- Di Menna v. . Cooper Evans Co.New York Court of Appeals · 1917
- O'Brien v. . FitzgeraldNew York Court of Appeals · 1894
- People v. Equitable Life Assurance Society of United StatesAppellate Division of the Supreme Court of the State of New York · 1908
- Fur & Wool Trading Co. v. George I. Fox, Inc.New York Court of Appeals · 1927
- Dykman v. . KeeneyNew York Court of Appeals · 1897
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