POPE v. KELLY
Appellate Division of the Supreme Court of the State of New York
Appeal from special term. Action by William B. Pope and David K. Case against William Kelly and others. From an order denying a motion to compel plaintiffs to separate and number the several causes of action set forth in the complaint, defendants appeal.
1Per curiam
The plaintiffs insist that they have but a single cause of action,—to reform a written agreement between the parties, and specifically perform that agreement as reformed. To effectuate the agreement, it is necessary that the corporation of which the parties are the directors and stockholders should act. The corporation is alleged to be under the control of the individual defendants. It is neither ’ necessary nor proper, on a motion of this character, to determine whether, in law, the action can he maintained, and the plaintiffs obtain the relief which they seek against the several parties. If…
2Cases cited2 opinions
- O'Brien v. BlautAppellate Division of the Supreme Court of the State of New York · 1896
- Gaylord v. BeardsleyNew York Supreme Court · 1893