New York Court of Appeals

Miles M. O’Brien, as Receivers v. Lawrence J. Fitzgerald, Impleaded

October 23, 1894143 N.Y. 377

Summary

The New York Court of Appeals held that the receivers' complaint seeking a money judgment against former directors is an action at law, not equity, and therefore the demurrer challenging the joinder of causes of action was proper. Because the complaint demanded only monetary relief and the facts did not demonstrate a need for equitable relief, the lower court's order overruling the demurrer was reversed.