Wiles v. . Suydam
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, affirming a judgment of Special Term in favor of plaintiffs, entered upon an order overruling a demurrer to plaintiff’s complaint.
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Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, affirming a judgment of Special Term in favor of plaintiffs, entered upon an order overruling a demurrer to plaintiff’s complaint. (Reported below, 8 Hun, 604; 6 T. & C., 292.) The complaint in this action alleged, in substance, the incorporation of the “ Imperishable Stone Block Pavement Company,” under the general manufacturing act (chap. 40, Laws of 1848); that said corporation became indebted to plaintiffs for work, labor and materials, and that judgments were obtained1 against it in actions…
1Opinion of the Court
Church, Ch. J.
The ground of demurrer relied upon is that several causes of action are improperly united. The complaint contains but one count composed of a series of allegations, and was doubtless framed upon the theory that there is but one cause of action contained. If, however, the complaint does contain several causes of action, and they are improperly united, the omission to state the causes of action in separate counts properly numbered does not deprive the defendant of the right to demur. (Goldberg v. Utley, 60 N. Y., 427.) The complaint alleges an indebtedness against the Imperishable…
2Cases cited4 opinions
- The New-York and New Haven R.R. v. . Schuyler, Cross, C.New York Court of Appeals · 1858
- Merchants' Bank of New Haven v. BlissNew York Court of Appeals · 1866
- Corning & Horner v. McCulloughNew York Court of Appeals · 1847
- Goldberg v. . UtleyNew York Court of Appeals · 1875
3Cited by84 opinions
- Huntington v. AttrillSupreme Court of the United States · 1892
- Whitman v. Oxford National BankSupreme Court of the United States · 1900
- Flash v. ConnSupreme Court of the United States · 1883
- Chase v. CurtisSupreme Court of the United States · 1885
- McArthur v. MoffetWisconsin Supreme Court · 1910
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