Holland Trust Co. v. Sutherland
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, George R. -Sutherland, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on.the 22d day of March, 1901, upon the decision of the court, rendered after a trial at the New York Special Term, overruling a demurrer to the complaint, except from that part of such judgment which adjudges and decrees that there is no defect of parties plaintiff or defendant.
1Opinion of the Court
Laughlin, J.:
This is a suit brought by a trustee of an express trust to obtain the advice and instructions of the court as to his duty. The interlocutory judgment was entered upon a decision made upon the trial of an issue of law raised by a demurrer interposed by the defendant to the complaint, upon the ground of defect of parties plaintiff and defendant and that the complaint fails to state facts sufficient to constitute a cause of action. The objection that there is a defect of parties has been eliminated. The complaint alleges that the Delaware Water Company, an Ohio corporation, to raise…
2Cases cited2 opinions
- Coe v. BeckwithNew York Supreme Court · 1860
- Crawford v. WinstonAppellate Division of the Supreme Court of the State of New York · 1898
3Cited by1 opinion
- Noyes v. First National Bank of New YorkAppellate Division of the Supreme Court of the State of New York · 1917