O'Brien v. . Fitzgerald
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made July 16, 1894, which affirmed an interlocutory judgment in favor of plaintiffs, entered upon an order overruling a demurrer to the complaint. This action was brought by plaintiffs as receivers of the Madison Square Bank.
Read the full summary
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made July 16, 1894, which affirmed an interlocutory judgment in favor of plaintiffs, entered upon an order overruling a demurrer to the complaint. This action was brought by plaintiffs as receivers of the Madison Square Bank. The complaint alleged, among other things, that seven of the defendants named were duly elected and qualified as directors of said bank and acted as such for the period between April 1, 1891-, and August 9, 1893; that the other defendants were also duly…
1Opinion of the CourtFinch, J.
On its face and in its form this is an action at law to recover damages for negligence. The corporation, represented by its duly appointed receivers, sues individuals who were its directors for such neglect or wrong in the performance of their duties as resulted in large losses, and demands a money judgment for the damages sustained. There is no suggestion that any equitable relief is essential to a full and complete redress, and no facts are stated which indicate a need of such intervention. It is not averred that a discovery is requisite to the completeness of the remedy: on the contrary,…
2Cases cited3 opinions
- Bell v. . MerrifieldNew York Court of Appeals · 1888
- Hun v. . CaryNew York Court of Appeals · 1880
- Brinckerhoff v. . BostwickNew York Court of Appeals · 1887
3Cited by76 opinions
- Potter v. WalkerNew York Court of Appeals · 1937
- Abrams v. AllenNew York Court of Appeals · 1947
- Mason v. . HenryNew York Court of Appeals · 1897
- Emerson v. GaitherCourt of Appeals of Maryland · 1906
- Murphy v. American Home Products Corp.Appellate Division of the Supreme Court of the State of New York · 1988
71 more not listed; retrieve them via the Exa API.