Mawhinney v. Bliss
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, The Bankers’ Trust Company (sued as The Bankers’ Trust Company of New'York) and another, from an interlocntory judgment of the Supreme Court in favor' of the plaintiff, entered in the office of the clerk of the county of New York on the 25th day of November, 1907, upon the décision of the court, rendered after a trial at the New York Special Term, overruling said defendants’ demurrer to the amended complaint upon ■ the ground that the said complaint…
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Appeal by the defendants, The Bankers’ Trust Company (sued as The Bankers’ Trust Company of New'York) and another, from an interlocntory judgment of the Supreme Court in favor' of the plaintiff, entered in the office of the clerk of the county of New York on the 25th day of November, 1907, upon the décision of the court, rendered after a trial at the New York Special Term, overruling said defendants’ demurrer to the amended complaint upon ■ the ground that the said complaint does not state facts sufficient to constitute a cause of action against tliein and the further ground that causes of…
1Opinion of the Court
Houghton, J. :
The action is brought by the plaintiff as a stockholder against certain members of the reorganization committee under a reorganization agreement respecting the American Cotton Company and other subsidiary corporations. A demurrer to the complaint by one of the committee was considered by this court under the title of Mawhinney v. Bliss (117 App. Div. 255; affd., 189 N. Y. 501), wh.ere the general facts alleged are fully stated, rendering a further statement unnecessary.
The Bankers’ Trust,Company, one of the present appellants, was the depositary of the securities under the…
2Cases cited6 opinions
- Rosenberg v. . SalomonNew York Court of Appeals · 1894
- Steinbach v. Prudential Insurance Co. of AmericaNew York Court of Appeals · 1902
- Townsend v. . BogertNew York Court of Appeals · 1891
- International Paper Co. v. Hudson River Water Power Co.Appellate Division of the Supreme Court of the State of New York · 1904
- Mawhinney v. . BlissNew York Court of Appeals · 1907
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Columbia River Co. v. SmithOregon Supreme Court · 1917
- Delcambre v. . DelcambreNew York Court of Appeals · 1914
- Burns v. Niagara, Lockport & Ontario Power Co.Appellate Division of the Supreme Court of the State of New York · 1911
- Dwelle v. Central Union Trust Co.Appellate Division of the Supreme Court of the State of New York · 1925
- Brock v. PoorAppellate Division of the Supreme Court of the State of New York · 1915
1 more not listed; retrieve them via the Exa API.