Mutual Life Insurance v. McCurdy
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Richard A. McCurdy, from an order of the Supreme Court, made at the Mew York Special Term and entered in the office of the clerk of the county of Mew York on the 13th day of Movember, 1906, denying the defendant’s motion to have the complaint made more definite and certain, and the statement of facts constituting the several causes of action separately stated and numbered.
1Opinion of the Court
Laughlin, J.:
This is a suit in equity to require the defendant to account for expenditures and disbursements “ made, or caused or knowingly permitted to be made by him or his agents and servants ” from moneys received by him or which came into his custody and possession or under his control as trustee and president of the plaintiff, for the use and benefit of the plaintiff, not involved in certain actions at law brought by the plaintiff against the defendant. The plaintiff alleges that on or about the 4th day of June, 1866, pursuant to its charter and by-laws, the defendant was elected…
2Cases cited7 opinions
- Bosworth v. . AllenNew York Court of Appeals · 1901
- Dykman v. . KeeneyNew York Court of Appeals · 1897
- O'Brien v. FitzgeraldAppellate Division of the Supreme Court of the State of New York · 1896
- O'Brien v. . FitzgeraldNew York Court of Appeals · 1896
- Mabon v. MillerAppellate Division of the Supreme Court of the State of New York · 1903
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3Cited by1 opinion
- People v. Equitable Life Assurance Society of United StatesAppellate Division of the Supreme Court of the State of New York · 1908