Legal Opinion

O'Connor v. . Virginia Passenger Power Co.

New York Court of Appeals

Decided February 13, 1906PublishedCited by 39 opinions

Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered September 21, 1905, which affirmed an interlocutory judgment of Special Term overruling demurrers to the complaint. The following questions were certified: First. Is there defect of parties defendant, as alleged in the defendants’ demurrers ? Second. Have causes of action been improperly united, as alleged in defendants’ demurrers ? Third.

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Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered September 21, 1905, which affirmed an interlocutory judgment of Special Term overruling demurrers to the complaint. The following questions were certified: First. Is there defect of parties defendant, as alleged in the defendants’ demurrers ? Second. Have causes of action been improperly united, as alleged in defendants’ demurrers ? Third. Does the complaint state facts sufficient to constitute a cause of action? The nature of the action and the facts so far as material are stated in…

1Opinion of the Court

Cullen, Ch. J.

This action is brought by a stockholder of the Virginia Passenger and Power Company to redress certain wrongs alleged to have been inflicted on that company by the defendants Frank and Helen Gould, and to have certain certificates of shares of the capital stock of said company and certain of its mortgage bonds held by said defendants adjudged void, or in lieu thereof that the said defendants pay the company then* value. The complaint is inartificially drawn and is so voluminous, and most of the questions presented on this appeal are of so little general interest or application,…

2Cases cited8 opinions

  1. Brinckerhoff v. . BostwickNew York Court of Appeals · 1882
  2. Flynn v. . Brooklyn City R.R. Co.New York Court of Appeals · 1899
  3. Greaves v. . GougeNew York Court of Appeals · 1877
  4. Kavanaugh v. . Commonwealth Trust Co.New York Court of Appeals · 1905
  5. Goldberg v. . UtleyNew York Court of Appeals · 1875

3 more not listed; retrieve them via the Exa API.

3Cited by39 opinions

  1. Continental Securities Co. v. . BelmontNew York Court of Appeals · 1912
  2. People v. Equitable Life Assurance Society of United StatesAppellate Division of the Supreme Court of the State of New York · 1908
  3. Sherlock v. ManwarenAppellate Division of the Supreme Court of the State of New York · 1924
  4. Moss v. GoodhartMontana Supreme Court · 1913
  5. Hornstein v. Paramount Pictures, Inc.New York Supreme Court · 1942

34 more not listed; retrieve them via the Exa API.

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