Alfred H. Wiles, Respondents v. Lambert Suydam, Appellant

Summary

The New York Court of Appeals held that a complaint alleging two distinct statutory liabilities—stockholder liability under §10 and trustee liability under §12—contains separate causes of action that cannot be joined under the Code’s joinder provision. Accordingly, the demurrer was sustained, the lower court’s judgment reversed, and the plaintiff was given leave to amend.