Root v. Foster

Welles, Justice.

After carefully considering this case, I am • inclined to think the matters in the complaint which the defendant’s counsel moves to have stricken out, are neither redundant nor irrelevant. The first part of the complaint which is obj ected to, consists of a statement of the position and employment of the parties respectively, showing that they were produce buyers in the streets of Penn Yan, by which the plaintiff made certain gains and profits, &c. It is then alleged that the defendant unlawfully and maliciously, for the purpose of compelling the plaintiff to quit the streets…