Bogardus v. . the Rosendale Manufacturing Company
New York Court of Appeals
Appeal in equity from the decree of the Superior Court of the city of New York, where, on a rehearing, a decree made at a special term of the supreme court, in the first district, had been reversed, and the plaintiff’s bill dismissed with costs.
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Appeal in equity from the decree of the Superior Court of the city of New York, where, on a rehearing, a decree made at a special term of the supreme court, in the first district, had been reversed, and the plaintiff’s bill dismissed with costs. (Reported below, 4 Sandf. 89.) This was a creditor’s bill, originally filed in the supreme court, against the Rosendale Manufacturing company, John R. Livingston, Jr., its president, who was alleged to be a stockholder, and Driggs, the secretary of the company, to enforce the personal liability of the stockholders for a promissory note of the…
1Opinion of the Court
*Gridley, J.
It is a general principle appli- - ^ cable to pleadings in equity, that the defendant *- should, in assigning the causes of a demurrer, clearly point out the nature of the objection which he takes (see Lube Eq. PL 338, 339,340, and also Mitford’s Pleading, Edwards’s edition, p. 108, note 1). No causes of demurrer not assigned will be regarded by the court. The only exception to this rule is the case of a demurrer ore terms, where the causes of a demurrer are assigned orÜ* on the argument, and where the party, if he succeed, gets no costs. In the present case, the only ground of…
2Cases cited3 opinions
- Morgan v. New-York & Albany Rail RoadNew York Court of Chancery · 1843
- Vermilyea v. Fulton BankNew York Court of Chancery · 1828
- Cassidy v. City of BrooklynNew York Supreme Court · 1869