Sullivan v. Sullivan Manufacturing Co.

Citations

• 14 S.C. 494
• 1881 S.C. LEXIS 17

Syllabus

<p>1. Demurrer to complaint upon the ground that several causes of action have been improperly united, does not raise the question whether the plaintiff, under the facts stated, is entitled to any or all of the relief which he demands.</p> <p>2. Therefore, where two causes of action were not improperly united, the demurrer was overruled, without any inquiry as to the different kinds of relief demanded, or whether such relief was appropriate to the case made by the allegations of the complaint.</p> <p>3. There is no misjoinder of causes of action where a single action is brought •upon a note and upon an account, against a debtor corporation, and also against its -directors, who are made, by the act of incorporation (under certain contingencies alleged in tbe complaint to have happened) jointly and severally liable for all debts of the corporation.</p> <p>4. The liability of the directors under this statute — the general incorporation act, General Statutes, Chapter LXIV. — arises ex contractu, not ex delicto.</p> <p>5. The permission given to creditors hy Section 35 of this chapter, to sue the corporation and the directors, separately, does not forbid their joinder in one action.</p> <p>6. The action may be single, although, under the provisions of Section 33, the liability of the corporation and of the directors, may not be co-extensive; the judgments may be separate, if necessary.</p>