Gardiner v. Pollard
The Superior Court of New York City
This was an appeal from an .order sustaining a demurrer to the complaint of the plaintiff. The defendants in the action were Jeremiah Pollard, William M. Eddy, Samuel B. Caswell, Newton Deuel, Augustus Z. Huggins, Alden H. Eddy, Henry Wood, and Joseph J. Van Burén.
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This was an appeal from an .order sustaining a demurrer to the complaint of the plaintiff. The defendants in the action were Jeremiah Pollard, William M. Eddy, Samuel B. Caswell, Newton Deuel, Augustus Z. Huggins, Alden H. Eddy, Henry Wood, and Joseph J. Van Burén. The contents of the pleadings are stated in the following opinion of the Chief Justice, before whom the demurrer was heard and sustained, at Special Term, in January, 1863. Bosworth, Ch. J. This action is brought to recover damages for alleged acts of the defendants, whereby the plaintiff’s stock in the Nevada Water Company has, as…
1Opinion of the Court
By tub Court — Bobertson, J.
The plaintiff complains of the decision at Special Term, because the Court viewed what he considered as a special action on the case at common law, as a suit in equity for an account to which the corporation of which he is a stockholder should be a necessary party. He virtually, however, surrenders any special right of action against the defendants, for what he terms, in the complaint, a “ conspiracy” independently of their acts. Xor does he urge that, by reason of such conspiracy, such acts became more or less actionable. He only seeks to avail himself of such…
2Cases cited8 opinions
- Robinson v. SmithNew York Court of Chancery · 1831
- Cumberland Coal & Iron Co. v. ShermanNew York Supreme Court · 1859
- People v. FisherNew York Supreme Court · 1835
- Scott v. DepeysterNew York Court of Chancery · 1832
- Cazeaux v. MaliNew York Supreme Court · 1857
3 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Hallenborg v. GreeneAppellate Division of the Supreme Court of the State of New York · 1901
- Zinn v. MendelWest Virginia Supreme Court · 1876
- Niles v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1902
- Allen v. New Jersey Southern RailroadNew York Supreme Court · 1875
- Keit v. WymanNew York Supreme Court · 1893
6 more not listed; retrieve them via the Exa API.