Miller v. . Quincy
New York Court of Appeals
Appeal, by permission, from a judgment entered January 12, 1904, upon an order of the Appellate Division of the Supreme Court in the first judicial department, which reversed an interlocutory judgment of Special Term overruling a demurrer to the complaint and sustained such demurrer. The nature of the action, the facts, so far as material, and the question certified are stated in the opinion.
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Appeal, by permission, from a judgment entered January 12, 1904, upon an order of the Appellate Division of the Supreme Court in the first judicial department, which reversed an interlocutory judgment of Special Term overruling a demurrer to the complaint and sustained such demurrer. The nature of the action, the facts, so far as material, and the question certified are stated in the opinion. The action is maintainable by the plaintiff, as á director, upon the general principles of equity, independently of the statute. Tacts are, therefore, stated sufficient to constitute a cause of action.…
1Opinion of the CourtO’Brien, J.
The question of law presented by this appeal is of considerable practical importance, and arises upon a ■demurrer by one of the defendants to the complaint.
There are three grounds of demurrer specified in the pleading: (1) That it appears upon the face of the complaint that the court has not jurisdiction of the subject of the action. (2) That it appears upon the face of the complaint that it does not state facts sufficient to constitute a cause of action. (3) That upon the face óf the complaint there is a defect of parties plaintiff. If the complaint is defective for any reason stated in the…
2Cases cited2 opinions
- Ernst v. Rutherford & Boiling Springs Gas Co.Appellate Division of the Supreme Court of the State of New York · 1899
- Chase v. Knickerbocker Phosphate Co.Appellate Division of the Supreme Court of the State of New York · 1898
3Cited by44 opinions
- Koster v. (American) Lumbermens Mutual Casualty Co.Supreme Court of the United States · 1947
- Babcock v. FarwellIllinois Supreme Court · 1910
- Travis v. . Knox Terpezone Co.New York Court of Appeals · 1915
- Weiss v. RouthCourt of Appeals for the Second Circuit · 1945
- People v. Equitable Life Assurance Society of United StatesAppellate Division of the Supreme Court of the State of New York · 1908
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