Stoddard v. Lum
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Chauncey H.. Lum and others, from an interlocutory judgment of the 'Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Orleans off the 2d day of March, 1898, upon the decision' of the court rendered after a trial at the Orleans Special Term, overruling the said defendants’ demurrer to the plaintiff’s amended complaint.
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Appeal by the defendants, Chauncey H.. Lum and others, from an interlocutory judgment of the 'Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Orleans off the 2d day of March, 1898, upon the decision' of the court rendered after a trial at the Orleans Special Term, overruling the said defendants’ demurrer to the plaintiff’s amended complaint. The decision found as conclusions of law that the amended complaint states facts sufficient to constitute a cause of action; second, that this court has jurisdiction of the subject of the action; third, that…
1Dissent
Green, J. (dissenting):
The case of Marshall v. Sherman (148 N. Y. 9) cannot be considered an adjudication that the Supreme Court of this State possesses no jurisdiction over an action of this character nor any power' to grant the relief demanded.
The action in that case was brought by a judgment creditor of a foreign corporation, to enforce the statutory liability of a stockholder, the corporation having been dissolved and a receiver appointed. The Court of Appeals has explicitly declared that “ if, as sometimes happens, broader statements were made by way of argument or otherwise than were…
2Cases cited13 opinions
- Kennedy v. GibsonSupreme Court of the United States · 1869
- Sanger v. UptonSupreme Court of the United States · 1875
- Hawkins v. GlennSupreme Court of the United States · 1889
- Marshall v. . ShermanNew York Court of Appeals · 1895
- Colonial City Traction Co. v. Kingston City RailroadNew York Court of Appeals · 1897
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