Pope v. Kelly
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, William Kelly and others, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of. Kings .on the 12th day of April, 1898, denying their motion to compel the plaintiffs to separate and number the several causes of action alleged to be set forth in the complaint. '
1Opinion of the Court
Per Curiam :
The plaintiffs insist that they have but a single cause of action to reform a written agreement between the parties, and specifically ■perform that agreement as reformed. To effectuate the agreement it is necessary that the corporation, of which the parties are the directors and stockholders, should act. The corporation is alleged to be under the control of the individual defendants. It is neither necessary nor proper on a motion of this character to determine whether in law the action can be maintained and the plaintiffs obtain the. relief which they seek against the several…
2Cases cited2 opinions
- O'Brien v. BlautAppellate Division of the Supreme Court of the State of New York · 1896
- Gaylord v. BeardsleyNew York Supreme Court · 1893
3Cited by6 opinions
- Smith v. IrvinNew York Supreme Court · 1904
- People v. BuellAppellate Division of the Supreme Court of the State of New York · 1903
- Baruch v. YoungAppellate Division of the Supreme Court of the State of New York · 1912
- Weed v. First National BankAppellate Division of the Supreme Court of the State of New York · 1905
- Bob v. HecksherAppellate Division of the Supreme Court of the State of New York · 1932
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