O'Brien v. Fitzgerald
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, Miles M. O’Brien and another, as receivers of The Madison Square- Bank, from an interlocutory judgment of the Supreme Court in favor of the defendant, Lawrence J.' Fitzgerald, entered in the office of the clerk of the county of Hew York on the 6th day of March, 1896, upon the decision of the court rendered' after a trial at the New York Special Term, sustaining said defendant’s demurrer to the plaintiffs’ amended complaint.
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Appeal by the plaintiffs, Miles M. O’Brien and another, as receivers of The Madison Square- Bank, from an interlocutory judgment of the Supreme Court in favor of the defendant, Lawrence J.' Fitzgerald, entered in the office of the clerk of the county of Hew York on the 6th day of March, 1896, upon the decision of the court rendered' after a trial at the New York Special Term, sustaining said defendant’s demurrer to the plaintiffs’ amended complaint. The action was brought by the plaintiffs as receivers of the Madison Square Bank, an insolvent corporation, to recover against the defendants,…
1Opinion of the Court
Ingraham, J.:
When this action was before the Court of Appeals on the former appeal (143 N. Y. 377) it was held by the court that, within the principle established in Hun v. Cary (82 N. Y. 65) the complaint stated a perfect cause of action to recover damages at law, with a proper and consistent demand for a money judgment awarding such damages, and that the action was of a legal character. The case of Brinckerhoff v. Bostwick (105 N. Y. 567) was distinguished as being an action by a stockholder who could not sue at law, but was compelled to go into equity to obtain his relief, and whose right…
2Cases cited4 opinions
- Hun v. . CaryNew York Court of Appeals · 1880
- O'Brien v. . FitzgeraldNew York Court of Appeals · 1894
- Brinckerhoff v. . BostwickNew York Court of Appeals · 1887
- Higgins v. TefftAppellate Division of the Supreme Court of the State of New York · 1896
3Cited by24 opinions
- People v. Equitable Life Assurance Society of United StatesAppellate Division of the Supreme Court of the State of New York · 1908
- Dykman v. . KeeneyNew York Court of Appeals · 1897
- Cockrill v. CooperCourt of Appeals for the Eighth Circuit · 1898
- Fisher v. ParrCourt of Appeals of Maryland · 1901
- Camrex (Holdings) Ltd. v. Camrex Reliance Paint Co.District Court, E.D. New York · 1981
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