Pruyn v. Guayaquil & Quito Railway Co. — 186 N.Y. 583

Majority

p. 583

Robert C. Pruyn, as a Stockholder of the Guayaquil and Quito Railway Company, Respondent, v. Guayaquil and Quito Railway Company et al., Appellants.

Headnote

Pruyn v. Guayaquil & Quito By. Co,, 113 App. Div. 894 , 895, affirmed.

(Argued November 12, 1906;

decided November 27, 1906.)

Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the third judicial department, entered May 3, 1906, which affirmed an interlocutory judgment of Special Term overruling a demurrer to the complaint in an action for the appointment of a receiver of the defendant railway company and for an accounting.

The following questions were certified :

“ 1. Does the complaint state facts sufficient to constitute a cause of action ?

“ 2. Are causes of action improperly united as alleged in the defendant’s demurrer ? ”

p. 584

Alfred A. Wheat, Jordan J. Rollins, John T. Smith and Francis Da/na for appellants.

Arthur Z. Andrews for respondent.

Order affirmed, with costs; first question certified answered in the affirmative; second question in the negative; no opinion.

Concur: Cullen, Oh. J., Cray, Haight, Yann, Webnee, Willard Bartlett and IIiscook. JJ.