Marsh v. Kaye
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, William F. Harsh, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Hew York on the 14th day of April, 1899, upon the decision of the court, rendered after a trial at the Hew York Special Term, dismissing the complaint upon the pleadings, with notice of an intention to bring up for review upon such appeal an order entered in said clerk’s office on the 11th day of April, 1899, denying…
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Appeal by the plaintiff, William F. Harsh, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Hew York on the 14th day of April, 1899, upon the decision of the court, rendered after a trial at the Hew York Special Term, dismissing the complaint upon the pleadings, with notice of an intention to bring up for review upon such appeal an order entered in said clerk’s office on the 11th day of April, 1899, denying the plaintiff’s motion to amend his complaint.
1Opinion of the Court
Ingraham, J.:
The action was in equity, the complaint asking for equitable relief only. The plaintiff sues on behalf of himself and all other creditors of the Ladies’ Deborah Hursery and Child’s Protectory, a corporation organized under chapter 319 of the Laws of 1848, providing for the incorporation of benevolent and charitable, scientific and missionary societies. The complaint alleges that the plaintiff’s assignor sold and delivered to the said corporation certain goods, wares and merchandise, for which there remains due and owing to the plaintiff as assignee a sum of money in excess of…
2Cases cited3 opinions
- Corning & Horner v. McCulloughNew York Court of Appeals · 1847
- Rogers v. . DeckerNew York Court of Appeals · 1892
- Rogers v. DeckerNew York Supreme Court · 1891