Higgins v. Applebaum
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Alfred J. Higgins, from an interlocutory judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Bronx on the 8th day of February, 1918, sustaining a demurrer to the complaint.
1Opinion of the Court
Page, J.:
The defendants demurred to the complaint on three grounds: First, that the plaintiff has not legal capacity to sue, because the plaintiff has instituted this cause of action in his individual capacity, whereas the said action should have been brought in a representative capacity and on behalf of all the other stockholders who desire to join; second, that the complaint does not state facts sufficient to constitute a cause of *528action, and the allegations contained in the complaint are insufficient in law upon the face thereof; and, third, that the alleged causes of action have been…
2Cases cited1 opinion
- Beers v. . ShannonNew York Court of Appeals · 1878
3Cited by4 opinions
- Higgins v. ApplebaumAppellate Division of the Supreme Court of the State of New York · 1919
- Katz v. BrazNew York Supreme Court · 1946
- Wyckoff v. SagallNew York Supreme Court · 1945
- Hylan v. FineganNew York Supreme Court · 1919