Tatum v. Farson
Appellate Division of the Supreme Court of the State of New York
Appeal from Special Term, New York County. Action by Charles F. Tatum against John Farson, Jr., and William Farson and another.
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Appeal from Special Term, New York County. Action by Charles F. Tatum against John Farson, Jr., and William Farson and another. From an order striking the name of defendant John A. McElroy from the summons and complaint and granting plaintiff leave to serve a proposed amended complaint on conditions and without prejudice to proceedings heretofore had, provided that the admissibility of all testimony taken before trial dr by commission then existing and capable of being offered shall be determined by the justice presiding at the trial, and provided, subject to Code Civ. Proc. § 830, that the…
1Opinion of the CourtLaughlin, J.
In the original complaint, the plaintiff in form pleaded two causes of action separately numbered; and in the amended complaint he has pleaded only one. In each count of the original complaint the plaintiff alleged that the defendants were jointly indebted to him upon contract for money had and received in the sum of $10,213.33; and by the amended complaint the plaintiff claims that the defendants Farson are jointly indebted to him on contract for money had and received in the same amount. In the first count of the original complaint the plaintiff alleged that, by certain false and fraudulent…
2Cases cited10 opinions
- Stearns v. LichtensteinAppellate Division of the Supreme Court of the State of New York · 1900
- Leonard v. FaberAppellate Division of the Supreme Court of the State of New York · 1898
- Paddack v. BarnettNew York Supreme Court · 1895
- Ziegler v. TrenkmanAppellate Division of the Supreme Court of the State of New York · 1898
- Fink v. Manhattan Railway Co.New York Court of Common Pleas · 1890
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