Cochran v. American Opera Co.
New York Supreme Court
Trial of demurrer. This action was brought by S. Slriddy Cochran and another, judgment creditors of the American Opera Conn pany, Limited, a corporation organized under the Business Act (L. 1875, e. 611), against the corporation and certain of its stockholders and creditors.
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Trial of demurrer. This action was brought by S. Slriddy Cochran and another, judgment creditors of the American Opera Conn pany, Limited, a corporation organized under the Business Act (L. 1875, e. 611), against the corporation and certain of its stockholders and creditors. The names of the parties plaintiff in the summons and complaint were given without any further designation; but immediately following, the complaint began: “ The plaintiffs above named (by their attorneys) suing in behalf of themselves and of all other creditors of the American Opera Company, Limited, who may be similarly…
1Opinion of the CourtPaterson, J.
Upon the argument of this cause the grounds of demurrer were reduced to two. The first is an alleged defect of parties plaintiff. The specification of this ground made in. argument is that the cause is not entitled as one brought in behalf of the plaintiff and all others similarly situated. This is a criticism affecting form rather than substance, for, immediately after the names of parties in the title, and before any substantial averment is made, there appears on the face of the complaint the following: “ The plaintiffs above named (by their attorneys), suing on behalf of themselves and of…
2Cases cited3 opinions
- The Erie Railway Company v. . RamseyNew York Court of Appeals · 1871
- Pfohl v. . SimpsonNew York Court of Appeals · 1878
- Weeks v. . LoveNew York Court of Appeals · 1872
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- Marsh v. KayeAppellate Division of the Supreme Court of the State of New York · 1899
- Rosenbaum v. City of New YorkNew York Supreme Court · 1908