Legal Opinion

New York Life Insurance v. Hamilton

New York Supreme Court

Decided December 15, 1906PublishedCited by 1 opinion

Demurrer to complaint.

1Opinion of the CourtBischoff, J.

Viewed in the light afforded by the prayer for relief the six causes of action set up in the complaint are for an accounting of funds alleged to have been placed . in the defendant’s hands by the plaintiff corporation or to have come into his hands for the plaintiff’s use. The demurrer challenges the sufficiency of each cause of action for an accounting, and raises the question of misjoinder, if some of the causes of action may be deemed to proceed for other relief. To support an action for an accounting it must appear that the moneys were received by the defendant under circumstances which…

2Cases cited10 opinions

  1. Marvin v. . BrooksNew York Court of Appeals · 1883
  2. O'Brien v. . FitzgeraldNew York Court of Appeals · 1894
  3. Goodwin v. . GriffisNew York Court of Appeals · 1882
  4. Crothers v. LeeSupreme Court of Alabama · 1856
  5. Parker v. John Pullman & Co.Appellate Division of the Supreme Court of the State of New York · 1899

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3Cited by1 opinion

  1. Tiffany v. HessNew York Supreme Court · 1910

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