Ullman v. . Cameron
New York Court of Appeals
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the third judicial department, entered May 15, 1905, which affirmed an interlocutory judgment of Special Term overruling a demurrer to the complaint.
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Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the third judicial department, entered May 15, 1905, which affirmed an interlocutory judgment of Special Term overruling a demurrer to the complaint. The case made by the amended 'complaint is that the plaintiffs are judgment creditors of one Charles E. Cameron, with an execution returned unsatisfied and a receiver appointed in proceedings supplementary to the execution issued upon their judgment. The judgment was recovered on the 11th of July, 1901. Early in January, 1900, one Jane N. Cameron, wife of the…
1Opinion of the CourtVann, J.
That the plaintiffs were under no legal disability, such as infancy, lunacy or the like, and, hence, had a legal capacity to sue, cannot be seriously disputed according to the authorities, which make a clear distinction between “incapacity to sue ” and “ insufficiency of facts to sue upon.” ( Ward v. Petrie, 157 N. Y. 301, 311; Bank of Havana v. Magee, 20 N. Y. 355, 359.)
The appellant, however, contends that the receiver is not a proper party defendant because he should have been the sole plaintiff,' and that the respondents are not proper parties plaintiff inasmuch as the cause of action, if…
2Cases cited9 opinions
- Williams v. . ThornNew York Court of Appeals · 1877
- Ward v. . PetrieNew York Court of Appeals · 1898
- Bank of Havana v. . MageeNew York Court of Appeals · 1859
- Hallett v. ThompsonNew York Court of Chancery · 1836
- Wendt v. . WalshNew York Court of Appeals · 1900
4 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- In re the Estate of ReichNew York Surrogate's Court · 1933
- Beakes Dairy Co. v. BernsAppellate Division of the Supreme Court of the State of New York · 1908
- Hull v. Farmers' Loan & Trust Co.Supreme Court of the United States · 1917
- In re the Estate of WeinbergNew York Surrogate's Court · 1937
- Sheean v. MichelCalifornia Supreme Court · 1936
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