Stieffel v. Tolhurst
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, Caroline Roosevelt Stei'ffel and others, from an order of the Supreme Court, made at the Hew York Special Term and entered in the office of the clerk of the county of Hew York on' the 26th day of September, 1900, denying the plaintiffs’ motion to strike out portions of the answers of the defendants Charles H. Tolhurst and Oswald J. Waite as irrelevant and redundant, and to require the said defendants to make other portions of their answers more…
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Appeal by the plaintiffs, Caroline Roosevelt Stei'ffel and others, from an order of the Supreme Court, made at the Hew York Special Term and entered in the office of the clerk of the county of Hew York on' the 26th day of September, 1900, denying the plaintiffs’ motion to strike out portions of the answers of the defendants Charles H. Tolhurst and Oswald J. Waite as irrelevant and redundant, and to require the said defendants to make other portions of their answers more definite and certain.
1Opinion of the Court
Rumsey, J.:
The action is brought to recover of the defendants as trustees of a stock corporation a debt of the corporation for which the defendants are liable because of the failure of the corporation to file the report' required by section 30 of the Stock Corporation Law (Laws of 1890, chap. 564, as amd. by Laws of 1892, chap. 688). The 1st and 2d paragraphs of each of the answers contain a denial of every allegation of the complaint. The 3d paragraph, which is pleaded as á second defense, begins as follows: “ The above-named defendant, repeating and realleging the allegations contained in…
2Cases cited2 opinions
- John D. Park & Sons Co. v. National Wholesale Druggists' Ass'nAppellate Division of the Supreme Court of the State of New York · 1898
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- Haffen v. Tribune Ass'nAppellate Division of the Supreme Court of the State of New York · 1908
- Staten Island Midland Railroad v. HinchcliffeNew York Supreme Court · 1901
- Eells v. DumaryAppellate Division of the Supreme Court of the State of New York · 1903
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