Magauran v. Tiffany
New York Supreme Court
Demurrer to complaint.
1Opinion of the CourtVan Vorst, J.
—I do not think that the demurrer of the defendant Tiffany is well- taken. The plaintiff may not be entitled to all the relief he asks, but the prayer to the complaint is not a subject of demurrer. The question arises, under the issue of law — which concedes for-the present purpose all the allegations of fact which the complaint alleges — is the plaintiff entitled to any- relief ?
The agreement with respect to the forty shares of stock is alleged to have been made with both defendants. They jointly agreed that each defendant should hold in trust for *252the plaintiff twenty shares of stock until…
2Cited by5 opinions
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