Hutchinson v. Young
Appellate Division of the Supreme Court of the State of New York
Appeal from Special Term. Action by Archibald A. Hutchinson against John A. Young. From an interlocutory judgment overruling a demurrer to' the complaint, defendant appeals. Affirmed.
1Opinion of the CourtJenks, J.
The action is to recover damages resulting from the purchase of stock in a corporation upon the faith of a false report made and issued by the defendant, its treasurer. The plaintiff pleads a cause of action under section 31- of the stock corporation law (Laws 1892, p. 1833, c. 688), and a cause of action upon substantially the same facts, making the same allegations, supplemented by further allegations of misrepresentation, and stating the scienter of the defendant. The defendant demurs that there is a misjoinder of a cause of action for a penalty under the said section with one for injury…
2Cases cited11 opinions
- Chicago & Alton Railroad v. DillonIllinois Supreme Court · 1888
- State ex rel. Attorney General v. Milwaukee, Lake Shore & Western Railway Co.Wisconsin Supreme Court · 1878
- Pearson v. Milwaukee & St. Paul R. Co.Supreme Court of Iowa · 1877
- People ex rel. Harris v. GillAppellate Division of the Supreme Court of the State of New York · 1903
- Benedict v. Guardian Trust Co.Appellate Division of the Supreme Court of the State of New York · 1901
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