Marsh v. Kaye
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, William F. Harsh, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Hew York on the 14th day of April, 1899, upon the decision of the court, rendered after a trial at the Hew York Special Term, dismissing the complaint upon the pleadings, with notice of an intention to bring up for review upon such appeal an order entered in said clerk’s office on the 11th day of April, 1899, denying…
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Appeal by the plaintiff, William F. Harsh, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Hew York on the 14th day of April, 1899, upon the decision of the court, rendered after a trial at the Hew York Special Term, dismissing the complaint upon the pleadings, with notice of an intention to bring up for review upon such appeal an order entered in said clerk’s office on the 11th day of April, 1899, denying the plaintiff’s motion to amend his complaint.
1DissentMcLaughlin, J.
(dissenting) :
The learned justice at Special Term, at the opening of the trial,, on motion of the defendants’ counsel, dismissed the complaint on- “ the ground that the liability of the several directors is a primary' liability, enforceable in an action at law, and that the action, as brought and as stated in the complaint, cannot'be maintained in a-court of equity.” Judgment was entered to this effect and the-plaintiff has appealed. My brethren have reached the conclusion that the question was correctly disposed of at Special Term, and that the judgment should be affirmed, but in this I…
2Cases cited6 opinions
- Marshall v. . ShermanNew York Court of Appeals · 1895
- Murtha v. . CurleyNew York Court of Appeals · 1882
- National Bank v. . DillinghamNew York Court of Appeals · 1895
- Weeks v. . LoveNew York Court of Appeals · 1872
- Cochran v. American Opera Co.New York Supreme Court · 1887
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