Weetjen v. Vibbard
New York Supreme Court
Appeal from an order sustaining a demurrer to the plaintiffs’ complaint. This action was brought by the plaintiffs, both in their own behalf and also in behalf of all other holders of the bonds of the first division of the St. Paul and Pacific Railroad Company, for an injunction and an accounting by certain trustees.
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Appeal from an order sustaining a demurrer to the plaintiffs’ complaint. This action was brought by the plaintiffs, both in their own behalf and also in behalf of all other holders of the bonds of the first division of the St. Paul and Pacific Railroad Company, for an injunction and an accounting by certain trustees. The complaint alleged, among other things, the appointment of three trustees for the negotiation and sale of certain railroad bonds, and that two of them had grossly violated their duty; but it was not alleged that the third trustee had been guilty of any improper conduct, or…
1Opinion of the Court
DaNiels, J.:
The present action was before this court at the preceding term, on appeals taken from injunction orders.* In disposing of the case at that time, the injunction orders were continued in a modified form, because it appeared from the affidavits and papers then before the court, that the plaintiffs, as bondholders, suing in their own behalf and that of all others having similar ground of complaint, would probably be able to maintain their right to at least a part of the relief applied' for by them. But upon the present appeal, the complaint and demurrer to it are alone presented for…
2Cases cited3 opinions
- Western R.R. Co. v. . NolanNew York Court of Appeals · 1872
- Wood v. . BrownNew York Court of Appeals · 1866
- Mumford v. MurrayNew York Court of Chancery · 1822