Legal Opinion

Bostwick v. Young

Appellate Division of the Supreme Court of the State of New York

Decided March 28, 1907PublishedCited by 7 opinions

Appeal by the plaintiff, Charles W. Bostwick, as receiver, etc., from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Columbia on the 27tli day of September, 1906, upon the decision of the court, rendered after a trial at the Columbia Special Term, sustaining separate demurrers interposed by the defendants to the plaintiff’s complaint.

1Opinion of the Court

Sewell, J.:

The plaintiff, a receiver appointed in an action for the sequestration of the property of the Albany and Hudson Bailway and Power Company, seeks.to recover of the defendants the par value of certain stock of the company, alleged to have been fraudulently obtained by them from the company without consideration. It is somewhat difficult to determine from tlie mass of conclusions set out in the complaint what the issuable facts are that must be deemed admitted by the demurrer.

Divesting the complaint- of all the conclusions of law and of fact, the material facts alleged in the…

2Cases cited2 opinions

  1. Little v. GarabrantNew York Supreme Court · 1895
  2. Thompson v. KnightAppellate Division of the Supreme Court of the State of New York · 1902

3Cited by7 opinions

  1. In re Jassoy Co.Court of Appeals for the Second Circuit · 1910
  2. East Lake Lumber Co. v. VanGorderNew York Supreme Court · 1919
  3. In re the Liquidation of Westchester Title and Trust Co.New York Supreme Court · 1939
  4. Wheeler v. Ocker & Ford Manufacturing Co.Michigan Supreme Court · 1910
  5. Fordham v. PoorNew York Supreme Court · 1919

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