Legal Opinion

Ellery v. People's Bank

Appellate Division of the Supreme Court of the State of New York

Decided July 15, 1910Published

Appeal from an order entered on the 18th day of May, 191Ó, denying a.motion to direct the plaintiff to serve an amended complaint. .

1Per curiam

To require the complaint to be redrawn as the defendant wishes will undoubtedly result in an extremely prolix pleading. But the letter of the statute and the interpretation placed upon it by the courts require that- the-motion be granted. It is not a case where the cause of action results from a conspiracy-including many overt, acts, or from a-course of business involving.many items, Or a single transaction composed of several parts. The complaint seeks to recover- for-a great number of separate torts, not stated to be interdependent, or to have been separate violations of a single duty which…

2Cases cited1 opinion

  1. K. Egan & Co. v. ButterworthAppellate Division of the Supreme Court of the State of New York · 1901

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