O'Brien v. Kursheedt
New York Supreme Court
Appeal from special term, Hew York county. Action by Miles M. O’Brien and others, receivers, against Frederick A. Kursheedt, impleaded, etc. From an interlocutory judgment overruling a demurrer to the complaint, defendant appeals.
1Opinion of the CourtVan Brunt, P. J.
This action was brought by the plaintiffs, ■ as receivers of the Madison Square Bank, to recover damages alleged to have been sustained by said bank through the failure and neglect of the defendants, who were directors of said bank, to perform the duties which devolved upon them by reason of their office. The defendants demurred to said complaint upon the grounds— First, that causes of action had been improperly united; and, sec- ■ ondly, that the complaint did not state facts sufficient to constitute -a cause of action.
It is urged by the defendant demurring that no cause of action is stated…
2Cases cited5 opinions
- Brinckerhoff v. . BostwickNew York Court of Appeals · 1882
- Bell v. . MerrifieldNew York Court of Appeals · 1888
- Murtha v. . CurleyNew York Court of Appeals · 1882
- Bauer v. PlattNew York Supreme Court · 1893
- Tumbridge v. . ReadNew York Court of Appeals · 1888
3Cited by3 opinions
- Schradin v. New York Cent. & H. R. R.New York Supreme Court · 1907
- O'Brien v. FitzgeraldNew York Supreme Court · 1894
- Shattuck v. Guardian Trust Co.Appellate Division of the Supreme Court of the State of New York · 1911