Cleveland v. Barrows
New York Supreme Court
APPEAL, by the defendant, from an order made at a special term overruling a demurrer to the amended complaint. In such amended complaint, the plaintiff alleged that on the 12th day of October, 1869, at the city of Buffalo, the plaintiff purchased from the defendant, the canal boat “ S. A. Tanner, of Montezuma,” all her tow lines, tackle and apparel, with all her beds and bedding, and all her furniture, chairs, tables, &c., on board said boat, wifh four horses, with harnesses…
Read the full summary
APPEAL, by the defendant, from an order made at a special term overruling a demurrer to the amended complaint. In such amended complaint, the plaintiff alleged that on the 12th day of October, 1869, at the city of Buffalo, the plaintiff purchased from the defendant, the canal boat “ S. A. Tanner, of Montezuma,” all her tow lines, tackle and apparel, with all her beds and bedding, and all her furniture, chairs, tables, &c., on board said boat, wifh four horses, with harnesses and full gearing for towing purposes, for $1900. That at the time the plaintiff purchased said boat she was loaded with…
1Opinion of the CourtDaniels, J.
The demurrer to the complaint in this case, presents the. point whether a cause of. action for damages occasioned by fraudulent representations can properly be united with one for- the unlawful conversion of personal property. By subdivision 3 of section 167 of the Code, several causes of action for injuries to property are allowed to be contained in the same complaint. The terms, injuries to property, were of well known legal signification at the time of the adoption of the Code of Procedure. They had then, and for many years previous to that time, acquired a technical and legal…
2Cases cited5 opinions
- Anderson v. HillNew York Supreme Court · 1869
- Crandall v. BryanNew York Supreme Court · 1857
- Flynn v. BaileyNew York Supreme Court · 1867
- Tracy v. LelandThe Superior Court of New York City · 1850
- Rodgers v. RodgersNew York Supreme Court · 1852
3Cited by9 opinions
- Crawford v. CrawfordSupreme Court of Georgia · 1910
- Ghiglione v. FriedmanAppellate Division of the Supreme Court of the State of New York · 1906
- Trustees of Masonic Hall & Asylum Fund v. FontanaAppellate Terms of the Supreme Court of New York · 1917
- Haverlund v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Wisconsin Supreme Court · 1910
- Wallace v. . JonesNew York Court of Appeals · 1905
4 more not listed; retrieve them via the Exa API.