Sayles v. White
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Frank White and others, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of O’neida on the 14th day of November, 1896, upon the decision, of the court rendered after a trial at the Oneida Special Term overruling said defendants’ demurrers to the complaint. The plaintiff was a stockholder in the Central National Bank of Rome.
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Appeal by the defendants, Frank White and others, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of O’neida on the 14th day of November, 1896, upon the decision, of the court rendered after a trial at the Oneida Special Term overruling said defendants’ demurrers to the complaint. The plaintiff was a stockholder in the Central National Bank of Rome. The defendants are the bank, the receiver of the bank and persons who had been directors of the same, arid an executrix of the last will and testament' of a deceased…
1Opinion of the Court
Ward, J.:
The trial court was clearly right in overruling- the first two grounds of demurrer, viz., that the court had not jurisdiction of the subject of the action, and that the complaint did not state facts sufficient to constitute a cause of action. .
A serious question arises, however, upon the third ground of demurrer.
The case of Brinckerhoff v. Bostwick (reported first in 88 N. Y. 52, again in 99 id. 185, and lastly in 105 id. 567, where.various phases of the case-came before the Court of Appeals) is probably the case that guided the plaintiff in bringing this action. Brinckerhoff was the…
2Cases cited11 opinions
- Brinckerhoff v. . BostwickNew York Court of Appeals · 1882
- Brinckerhoff v. . BostwickNew York Court of Appeals · 1885
- O'Brien v. . FitzgeraldNew York Court of Appeals · 1894
- Brinckerhoff v. . BostwickNew York Court of Appeals · 1887
- O'Brien v. FitzgeraldAppellate Division of the Supreme Court of the State of New York · 1896
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3Cited by2 opinions
- People v. Equitable Life Assurance Society of United StatesAppellate Division of the Supreme Court of the State of New York · 1908
- Moran v. VreelandNew York Supreme Court · 1913