Libby v. Rosekrans
New York Supreme Court
APPEAL by the plaintiff from an order made at a special term, sustaining demurrers to the complaint, interposed by the defendants E. H. Rosekrans, and John H. White, receiver of the Adirondack Company. The action was brought by the plaintiff in his own behalf, and in behalf of all others, stockholders or creditors of the defendant, the Adirondack Es’tate and Railroad Company, who might choose to come into court and contribute to the costs and expenses of this action.
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APPEAL by the plaintiff from an order made at a special term, sustaining demurrers to the complaint, interposed by the defendants E. H. Rosekrans, and John H. White, receiver of the Adirondack Company. The action was brought by the plaintiff in his own behalf, and in behalf of all others, stockholders or creditors of the defendant, the Adirondack Es’tate and Railroad Company, who might choose to come into court and contribute to the costs and expenses of this action. The complaint shows that prior to the year 1860 a corporation was in existence known as the “ Lake Ontario and Hudson River…
1Opinion of the CourtDaniels, J.
The defendants Enoch H. Rosekrans and John H. White have demurred to the complaint in this action, the latter upon the ground that it fails to state facts sufficient to constitute a cause of action, and the former on that, as well as other grounds of demurrer. As the objection that the complaint states no cause of action, is the only one which it is deemed necessary to notice in disposing of the case, the others may as well be laid entirely out of view.
It appears by the complaint that the defendants Enoch H. Rosekrans and Albert 25T. Cheney, on the 8th day of October, 1860, entered into…
2Cases cited4 opinions
- Brown v. FrostNew York Court of Chancery · 1843
- Gould v. MortimerNew York Supreme Court · 1863
- McCotter v. . JayNew York Court of Appeals · 1864
- Clarke v. DavenportThe Superior Court of New York City · 1857
3Cited by13 opinions
- Harrigan v. GilchristWisconsin Supreme Court · 1904
- Vermont & Canada Railroad v. Vermont Central RailroadSupreme Court of Vermont · 1873
- Hackley v. . DraperNew York Court of Appeals · 1875
- Deen v. . MilneNew York Court of Appeals · 1889
- Littlejohn v. TurnerWisconsin Supreme Court · 1888
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