Black v. Vanderbilt
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, E. Martin Black, from an interlocutory judgment of the Supreme Court in favor of the defendants, William K. Vanderbilt and another, as trustees for E. Martin Black, entered in the office of the clerk of the county of New York on the 21st day of May, 1901, upon the decision of the court, rendered after a trial at the New York Special Term, sustaining the said defendants’ demurrer to the complaint.
Read the full summary
Appeal by the plaintiff, E. Martin Black, from an interlocutory judgment of the Supreme Court in favor of the defendants, William K. Vanderbilt and another, as trustees for E. Martin Black, entered in the office of the clerk of the county of New York on the 21st day of May, 1901, upon the decision of the court, rendered after a trial at the New York Special Term, sustaining the said defendants’ demurrer to the complaint. The complaint herein is as follows: “ I. That the plaintiff now is, and at all times since the year 1887 has been, the editor and manager of a newspaper known as The Wall…
1Opinion of the Court
O’Brien, J.:
Reading the allegations of the complaint in the light of the prayer for relief, there can be no doubt that what the plaintiff sought was equitable relief in an equitable action. Were there any such doubt, it would be dispelled by the statement in the brief of the- plaintiff -on this appeal that “ the amended complaint states a good cause of action for equitable relief, and upon the allegations contained in the amended complaint the plaintiff is entitled to maintain an action for an accounting.”
It is true that in a subsequent part of the: brief is the contention that if, upon the…
2Cases cited1 opinion
- Cody v. First National BankAppellate Division of the Supreme Court of the State of New York · 1901
3Cited by22 opinions
- Moen v. ThompsonNew York Supreme Court · 1946
- Low v. SwartwoutAppellate Division of the Supreme Court of the State of New York · 1916
- Squiers v. ThompsonAppellate Division of the Supreme Court of the State of New York · 1902
- Gilbert v. BunnellAppellate Division of the Supreme Court of the State of New York · 1904
- Doyle v. DelaneyAppellate Division of the Supreme Court of the State of New York · 1906
17 more not listed; retrieve them via the Exa API.