German-American Coffee Co. v. O'Neil

Headnote

German-Ameriean Coffee Co. v. O'Neil, 167 App. Div. 928 , affirmed.

Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered April 23, 1915, which affirmed an order of Special Term overruling a demurrer to the complaint which sets forth a series of acts done by the defendant in his capacity as a director of plaintiff corporation covering a period of time from the organization of the corporation down to shortly before the beginning of this action, which "acts resulted in the depletion, dissipation and waste of the funds and assets of the corporation which were intrusted to and placed under the control of the defendant during the time when he, as a director, was charged with the duty of administering said funds, and accordingly the complaint prays that the defendant be ordered to account for the administration of the funds intrusted to him and to pay to the plaintiff whatever amount on an accounting shall appear to have been improperly disposed of or dissipated. The defendant •demurred on three grounds: 1. That there was a defect of parties defendant. 2. That there was an improper joinder of causes of action. 3. That the complaint does not state facts sufficient to constitute a cause of action.

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 in the complaint ? ”