Metropolitan Trust Co. v. Stallo
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Metropolitan Trust Company of the City of New York, individually and as administrator, etc., from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 3d day of October, 1914, sustaining demurrers to the complaint interposed by the respondents.
1Opinion of the Court
Scott, J.:
The demurrer of three of the defendants has been sustained on the grounds that there is a misjoinder of parties plaintiff, and also a misjoinder of causes of action. The plaintiff, the Metropolitan Trust Company of the City of New York, sues both as an individual and as the administrator of the goods, chattels and credits of Alexander McDonald, deceased. The condition of the estate of said McDonald, as disclosed by the complaint, is a very complicated one, and the professed purpose of the present action is to clear up and disentangle these complications, to determine the proper…
2Cases cited6 opinions
- Simar v. . CanadayNew York Court of Appeals · 1873
- People v. Equitable Life Assurance Society of United StatesAppellate Division of the Supreme Court of the State of New York · 1908
- Shuttleworth v. . WinterNew York Court of Appeals · 1874
- Bushe v. WrightAppellate Division of the Supreme Court of the State of New York · 1907
- Donnelly v. LambertAppellate Division of the Supreme Court of the State of New York · 1901
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Metropolitan Trust Co. v. StalloAppellate Division of the Supreme Court of the State of New York · 1915
- Gould v. GouldNew York Supreme Court · 1919
- Gould v. GouldNew York Supreme Court · 1922
- Marsh v. WoodworthAppellate Division of the Supreme Court of the State of New York · 1917
- Holliday v. McGrawNew York Supreme Court · 1919
1 more not listed; retrieve them via the Exa API.