29 N.Y.S. 973 | N.Y. Sup. Ct. | 1894
This action was brought by the plaintiffs, ■ as receivers of the Madison Square Bank, to recover damages alleged to have been sustained by said bank through the failure and neglect of the defendants, who were directors of said bank, to perform the duties which devolved upon them by reason of their office. The defendants demurred to said complaint upon the grounds— First, that causes of action had been improperly united; and, sec- ■ ondly, that the complaint did not state facts sufficient to constitute -a cause of action.
It is urged by the defendant demurring that no cause of action is stated against him in the complaint at all because no legislative -enactment is referred to which makes it the duty of the defendant to do the things which the plaintiffs alleged it was his duty to do