McCrea v. McClenahan
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, James McClenahan, as executor, etc., of David Stevenson, deceased, and as executor, etc., of Sewannee M. Stevenson, deceased, 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 5th day of February, 1906, upon the decision of the court, rendered after a trial at the New York Special Term, overruling the said defendant’s demurrer to the complaint.
1Dissent
Clarke, J. (dissenting):
I dissént upon the ground that while the complaint “ is open to criticism as lacking in that clearness and fullness of statement essential to good pleading * * * the complaint will be deemed to be sufficient whenever the requisite allegations can be fairly gathered from all the averments, though the statement of them may be argumentative and the pleading deficient in logical order and in technical language.” (Sage v. Culver, 147 N. Y. 241.)
The action is against the president of a corporation to compel him to account for moneys of the corporation drawn by him without…
2Cases cited4 opinions
- Sage v. . CulverNew York Court of Appeals · 1895
- Kavanaugh v. . Commonwealth Trust Co.New York Court of Appeals · 1905
- Davis v. PeabodyMassachusetts Supreme Judicial Court · 1898
- Smith v. RathbunNew York Supreme Court · 1873