Bradley v. . Bradley
New York Court of Appeals
Appeal from an interlocutory judgment of the Supreme Court in favor of plaintiffs, entered August 7, 1900, upon an order of the Appellate Division in the third judicial department affirming an order of Special Term overruling a demurrer to the complaint.
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Appeal from an interlocutory judgment of the Supreme Court in favor of plaintiffs, entered August 7, 1900, upon an order of the Appellate Division in the third judicial department affirming an order of Special Term overruling a demurrer to the complaint. The Appellate Division, in allowing the appeal, certified the following questions: 1. Does it appear upon the face of the complaint herein that there is a misjoinder of parties plaintiff ? 2. Does it appear upon the face of the complaint herein that causes of action have been improperly united ? The complaint alleges that the plaintiffs are…
1Opinion of the CourtLandon, J.
This case is near the borderline. If this complaint were at common law for the recovery of money, the demurrer would, no doubt, be well taken, since neither plaintiff had any pecuniary interest in the stock of the other, and has no interest in the damages sustained by the other. But the action is in equity to rescind the contract of sale which the defendant induced both plaintiffs to make of all the shares of capital stock held separately by each, by a fraud ingeniously contrived, with the design and to the end that both should be misled, and more effectually misled by operating upon the…
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