Agett v. Federal Telephone & Telegraph Co.
New York Supreme Court
Action by Albert H. Agett against the Federal Telephone & Telegraph ' Company. On motion to require plaintiff to separately state and number causes of action. Election between causes of action ordered.
1Opinion of the CourtRodenbeck, J.
[1] The complaint sets forth two causes of action, without separately stating and numbering them; one for false *844representations in making the contract referred to in the complaint, and the other for a breach of the contract. The test is whether or not a recovery on one cause of action would bar a recovery on the other (Carlson v. Albert, 117 App. Div. 836, 102 N. Y. Supp. 944; Perry v. Dickerson, 85 N. Y. 345, 39 Am. Rep. 663); that is, whether or not the plaintiff might demand separate judgments for different sums of money or different forms of relief in different actions (Richards v.…
2Cases cited6 opinions
- Perry v. . DickersonNew York Court of Appeals · 1881
- Carlson v. AlbertAppellate Division of the Supreme Court of the State of New York · 1907
- Blake v. BarnesNew York Supreme Court · 1890
- Christenson v. PincusAppellate Division of the Supreme Court of the State of New York · 1907
- Robinson v. . BrownNew York Court of Appeals · 1901
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