Tatum v. Farson
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, John Farson, Jr., and others, 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 26th day of January, 1915, granting the plaintiff’s motion to strike the name of John A. McElroy, joined as a defendant herein, from the summons and complaint, and for leave to serve a proposed amended complaint, a copy of which was annexed to the motion papers, upon payment of…
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Appeal by the defendants, John Farson, Jr., and others, 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 26th day of January, 1915, granting the plaintiff’s motion to strike the name of John A. McElroy, joined as a defendant herein, from the summons and complaint, and for leave to serve a proposed amended complaint, a copy of which was annexed to the motion papers, upon payment of costs after notice of trial and ten dollars costs of the motion, “without prejudice to proceedings heretofore had herein,…
1Opinion of the Court
Laughlin, 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 Parson 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…
2Cases cited4 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
- Fink v. Manhattan Railway Co.New York Court of Common Pleas · 1890
3Cited by2 opinions
- St. Lawrence Explosives Corp. v. Law Brothers Contracting Corp.Appellate Division of the Supreme Court of the State of New York · 1991
- Branower & Son, Inc. v. WaldesAppellate Division of the Supreme Court of the State of New York · 1916