Majority
p. 649Charles W. Cass et al., Appellants, v. Realty Securities Company et al., Respondents, Impleaded with Others. (Argued June 5, 1912; decided June 21, 1912.)
Headnote
Cass v. Realty Securities Co., 148 App. Div. 96 , affirmed.Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered December 29, 1911, which reversed an order of Special Term granting a motion by the plaintiffs for judgment in their favor upon the pleadings, and sustained demurrers to the complaint in an action to obtain the appointment of a receiver of the defendant Realty Securities Company, to restrain the paying out of any of its moneys and for a discovery and accounting of its affairs.
p. 650
The following questions were certified: “ 1. Does the complaint state facts sufficient to constitute a cause of action against the defendants or either of them ? 2. Are causes of action improperly joined ?”
Walter H. Bond for appellants.
Grenville Clark, Elihu Boot, Jr., and Henry W. Budd for respondents.
Order affirmed, with costs; first question certified answered as follows: The complaint does not state a cause of action against the demurring defendants or either of them. Second question not answered; no opinion.
Concur: G-ray, Werner, Willard Bartlett, Hisoook, Chase and Collin, JJ. Absent: Cullen, Ch. J.