Gifford v. Clapp
Appellate Division of the Supreme Court of the State of New York
Appeal by the -defendant, Knight L. Clapp, from an interlocutory judgment, of the Supreme Court in favor of the plaintiff, entered jn the office of. the clerk of the county of New York on the 8th day of March, 1899, upon the decision of the court rendered after a. trial at the New York Special Term overruling his demurrer to' ihe plaintiff’s complaint.
1Opinion of the Court
Patterson, J.:
The defendant Clapp appeals from an interlocutory judgment .overruling his demurrer to the complaint. Several grounds are. stated in the demurrer, but we are required to consider only one of them, and that is,. “ that the plaintiff has not the legal capacity to sue.” The specification of this ground of demurrer is stated as follows, viz.: “.Because the action is not brought by the Attorney-General of the State of New York in behalf of the People of the State, nor by a judgment creditor of the Family Fund Society, nor *193by a trustee, director, manager or other officer of said…
2Cases cited7 opinions
- Hun v. . CaryNew York Court of Appeals · 1880
- In Re the Equitable Reserve Fund Life Ass'nNew York Court of Appeals · 1892
- Mason v. . HenryNew York Court of Appeals · 1897
- Ohio & Mississippi Railroad v. McPhersonSupreme Court of Missouri · 1864
- Butts v. WoodNew York Supreme Court · 1862
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3Cited by1 opinion
- Gallin v. BurdickNew York Supreme Court · 1934