Morrell v. Ball
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Mary C. Morrell, from a judgment of the Supreme Court in favor of the defendant Ernest H. Ball, as assignee for the benefit of creditors of Edward B. Cuthbert, entered in the office of the clerk of the county of New York on the 23d day of August, 1899,.upon the decision of the court-, rendered after a trial at the New York Special Term, sustaining the defendant’s demurrer to the complaint and dismissing the complaint.,
1Opinion of the Court
O’Brien, J. :
The action was brought to secure the removal of the assignee for misconduct and, as incidental thereto, to obtain an accounting ; and *585the facts essential to such a cause of action are set forth in the complaint. It was held, however, that the demurrer was good for the reason that an action would not lie to obtain such relief, but that, the plaintiff’s CQurse was to proceed by petition and citation. The case upon which such ruling was based is that of Stoerzer v. Nolan, as Assignee of Durlands Riding Academy Co., etc. (19 App. Div. 338). It was therein held, as stated in the head…
2Cases cited3 opinions
- Coatsworth v. Lehigh Valley Railway Co.New York Court of Appeals · 1898
- Standard Fashion Co. v. . Siegel-Cooper Co.New York Court of Appeals · 1898
- Stoerzer v. NolanAppellate Division of the Supreme Court of the State of New York · 1897