Durant v. Gardner
New York Supreme Court
Motion to compel amendment of the complaint. This was an action brought by a receiver against several defendants who were trustees of a corporation, seeking to charge them individually with a debt of the corporation.
1Opinion of the CourtBonney, J.
—The summons in this action is for a money-demand on contract.
*446The original complaint stated facts supposed to constitute a cause of action, whether legal or equitable might be doubtful, and prayed judgment that defendants in one event be decreed to account and pay to plaintiff their proportions of certain sums of money claimed to be due; and that plaintiff have judgment against them for §6958, with interest and costs ; and in another event, demanded judgment against the defendants, as trustees, for said sum of money, with interest, and for general relief.
On the 21st of January last, an order…
2Cited by3 opinions
- Colstrum v. Minneapolis & St. Louis Railway Co.Supreme Court of Minnesota · 1884
- Gaillard v. CantiniCourt of Appeals for the Fourth Circuit · 1896
- Sterne v. HermanNew York Supreme Court · 1871