K. Egan & Co. v. Butterworth
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Edwin Butterworth and others, doing business under the firm name and style of Edwin Butterworth & Company, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 7th day of October, 1901, denying the defendants’ motion to compel the plaintiff to make the second cause of action set forth in the complaint more definite and certain.
1Opinion of the Court
O’Brien, J.:
The purpose sought by defendants’ motion was to compel the plaintiff to amend the complaint by separately numbering and separately stating the facts constituting the plaintiff’s “ Second Cause of Action” against the defendants for their alleged breach of three contracts annexed to the complaint and marked Exhibits “ B,” “ C ” And “ D.”
Section 483 of the Code of Civil Procedure provides that “ Where the complaint sets forth two or more causes of action, the statement of the facts constituting each cause of action must be separate and numbered.” The complaint alleges as “a second…
2Cited by6 opinions
- James Rees & Sons Co. v. AngelNew York Supreme Court · 1925
- Medin v. De Gennaro, New York County Courts1956
- Upson Co. v. Erie RailroadAppellate Division of the Supreme Court of the State of New York · 1925
- Barrows v. Fidelity & Casualty Co.Appellate Division of the Supreme Court of the State of New York · 1916
- Ellery v. People's BankAppellate Division of the Supreme Court of the State of New York · 1910
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