Weed v. First National Bank
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, William R. Weed, who brings this suit on behalf of himself and all other stockholders of the First Rational Bank of Saratoga Springs, R. Y., situated similarly with himself, from an order of the Supreme Court, made at the Montgomery Special Term and entered in the office of the clerk of the county of, Saratoga on the 1st day of February, 1905, requiring the plaintiff to serve an amended complaint separately stating and numbering the facts…
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Appeal by the plaintiff, William R. Weed, who brings this suit on behalf of himself and all other stockholders of the First Rational Bank of Saratoga Springs, R. Y., situated similarly with himself, from an order of the Supreme Court, made at the Montgomery Special Term and entered in the office of the clerk of the county of, Saratoga on the 1st day of February, 1905, requiring the plaintiff to serve an amended complaint separately stating and numbering the facts constituting each cause of action set forth in the complaint. The action is brought by the plaintiff to compel the defendants; who…
1Opinion of the Court
Smith, J.:
This complaint is claimed by the plaintiff to state but one cause of action and that in equity for the reimbursement to the bank of *287moneys lost through the wrongful acts of the directors. The defendants claim that several causes of action are stated, to- .wit, a cause of action for negligence or non-feasance, and several causes of action for misfeasance, claiming that a demand for reimbursement for dividends wrongfully paid in each of the several years constitutes a different cause of action.
Under the authorities, we think the order \yas improperly granted. In O'Brien v. Blaut (5…
2Cases cited2 opinions
- Pope v. KellyAppellate Division of the Supreme Court of the State of New York · 1898
- O'Brien v. BlautAppellate Division of the Supreme Court of the State of New York · 1896
3Cited by1 opinion
- Erie Railroad v. HiltonAppellate Division of the Supreme Court of the State of New York · 1916