Kavanaugh v. . Commonwealth Trust Co.
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 December 13, 1904, which affirmed an order of Special Term striking out certain allegations of the complaint. The facts, so far as material, and the question certified are stated in the opinion.
Read the full summary
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the third judicial department, entered December 13, 1904, which affirmed an order of Special Term striking out certain allegations of the complaint. The facts, so far as material, and the question certified are stated in the opinion. A motion to strike out matter from a pleading as irrelevant or redundant is one that is not encouraged by the courts, (Town of Essex v. N. Y. & C. R. R. Co., 8 Hun, 361.) If it is apparent that the opposite party is'not aggrieved by the statement as to which the motion is made,…
1Opinion of the Court
Cullen, Ch. J.
The complaint alleges that the plaintiff was a stockholder in the Commonwealth Trust Company (for merly the Trust Company of the Republic) owning a hundred shares of the capital stock thereof; that he purchased said stock on April 2nd, 1892, for the sum of $16,600, which the stock at that time was worth; that the respondent and the other individual defendants were the directors of said company ; that said defendants so negligently failed to discharge their duties as directors that large losses were sustained by the company through the illegal and wrongful acts of its executive…
2Cases cited3 opinions
- Flynn v. . Brooklyn City R.R. Co.New York Court of Appeals · 1899
- People Ex Rel. Union Trust Co. v. ColemanNew York Court of Appeals · 1891
- Niles v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1903
3Cited by68 opinions
- Continental Securities Co. v. . BelmontNew York Court of Appeals · 1912
- Gerdes v. ReynoldsNew York Court of Appeals · 1939
- von Au v. MagenheimerAppellate Division of the Supreme Court of the State of New York · 1908
- Fanchon & Marco, Inc. v. Paramount Pictures, Inc.Court of Appeals for the Second Circuit · 1953
- Rettinger ex rel. Standard Oil Co. v. PierpontNebraska Supreme Court · 1944
63 more not listed; retrieve them via the Exa API.