Union Transit Co. v. Erie Railroad
New York Supreme Court
Motion on the part of defendant for an order striking out as irrelevant certain portions of plaintiff’s complaint; or, in the alternative, for an order requiring plaintiff to make its complaint more definite and certain by separately stating and numbering any causes of action contained in the paragraph of the complaint, the subject of this motion.
1Opinion of the CourtWheeler, J.
The paragraph of the complaint made the subject of this motion alleges that, during the years 1899 to 1903, inclusive, the plaintiff transported for the defendant certain quantities of copper and that defendant agreed to pay the freight charges thereon, which the complaint alleges it was agreed amounted to $99,001.43; on which sum a balance of $10,024.51 is alleged still due and owing the plaintiff.
The complaint then continues and alleges that, on November 20, 1903, the parties agreed upon a rate of two and one-half cents per 100 pounds for the freight charges on said copper, to wit, the sum…
2Cases cited1 opinion
- Pittsfield National Bank v. TailerNew York Supreme Court · 1891