Nauss v. Nauss Bros.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Florence T. Hildebrand, as executrix, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 20th day of August, 1920,-denying her motion for judgment dismissing the counterclaim of Charles E. Nauss, as executor of the estate of Wendolin J. Nauss, deceased.
1Opinion of the Court
Laughlin, J.:
We have analyzed and commented upon the complaint on an appeal by this appellant from an order denying her motion on the pleadings for judgment dismissing the complaint, which was argued and is decided herewith. (Nauss v. Nauss Brothers Co., No. 1, 195 App. Div. 318.) It is unnecessary on this appeal to consider the allegations of the complaint beyond their relation to the counterclaim. It appears that the plaintiff, who for many years was a stockholder and the treasurer of the defendant company, instituted this suit as a stockholder for equitable relief. The complaint in…
2Cases cited7 opinions
- Kay v. . WhittakerNew York Court of Appeals · 1871
- Smith v. HiltonNew York Supreme Court · 1888
- Nauss v. Nauss Bros.Appellate Division of the Supreme Court of the State of New York · 1921
- Leske v. WolfAppellate Division of the Supreme Court of the State of New York · 1912
- Merchants' National Bank v. SnyderAppellate Division of the Supreme Court of the State of New York · 1900
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Franklin Fire Insurance v. SimmonsNew York Supreme Court · 1942
- Jefno Realty Corp. v. Lloyds Film Storage Corp.New York Supreme Court · 1947
- Fleming v. LarkinAppellate Division of the Supreme Court of the State of New York · 1921
- Johnson v. Harrison Engineering & Contracting Corp.Appellate Division of the Supreme Court of the State of New York · 1928
- Glassberg v. ArctanderNew York Supreme Court · 1928
1 more not listed; retrieve them via the Exa API.