Stokes v. Stokes
New York Supreme Court
Appeal from special term, New York county. Action by William E. D. Stokes against Edward S. Stokes and others. From orders of reference, defendant Stokes appeals.
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Appeal from special term, New York county. Action by William E. D. Stokes against Edward S. Stokes and others. From orders of reference, defendant Stokes appeals. The facts are stated by Mr. Justice FOLLETT as follows: This action was begun December 28, 1892, by a stockholder, in behalf of himself and of other stockholders, against the Hoffman House (a corporation) and its officers, for an accounting as to their conduct in the management of the business of the corporation, and the possession of its funds and property. The Hoffman House was incorporated August 18, 1890, under the laws of New…
1Dissent
FOLLETT, J. (dissenting).
At the close of the trial before the special term, any one of the litigants had the right to require the court to determine the issues involved in the trial. The parties were entitled to a decision (Code Civ. Proc. § 1022; Wood v. Lary, 124 N. Y. 83, 26 N. E. 338), and to an interlocutory judgment to be entered thereon, deciding whether a cause of action had been established, and a case for an accounting made out. But no decision was made, no interlocutory judgment was entered, and nothing was done except to enter the order, which determines no issue. In the…
2Cases cited8 opinions
- Baird v. Mayor, Aldermen & CommonaltyNew York Court of Appeals · 1878
- Wood v. . LaryNew York Court of Appeals · 1891
- Doyle v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1893
- Grunberg v. BlumenlahlCity of New York Municipal Court · 1883
- Griffin v. CranstonThe Superior Court of New York City · 1857
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