Legal Opinion

Johnson v. Maxwell

City of New York Municipal Court

Decided February 15, 1897Published

Appeal from a judgment iñ favor of plaintiff entered upon a verdict.

1Opinion of the CourtMcCarthy, J.

This is in effect an action for assault and battery.

The complaint is, indeed, imperfect and indefinite and ought to be amended at the Special Term.

■It sets up portions of three distinct causes of action — one for conversion, one for slander, and one for assault.

The rule is that where a complaint sets forth two or more causes of action, the statements of facts constituting each cause of action should be separate and numbered under section 483 of the Code of Civil Procedure, and then only certain causes can be united. Code Civ. Pro., § 484.

•It appears, however, that the case was tried as an…

2Cases cited2 opinions

  1. Bristor v. . BurrNew York Court of Appeals · 1890
  2. Comstock v. DodgeNew York Court of Appeals · 1869

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