Schuyler v. Peck
City of New York Municipal Court
Appeal from special term. An action by Walter G. Schuyler, and mother against Nathan Peck. The complaint contains two counts,—one for goods sold and delivered at the agreed price of $239.36, and the other for goods of the value of $210.74, delivered on the order of the defendant. The prayer for relief demands judgment for $210.74. The defendant moved to compel the plai ntiff to elect on which count he would rely. The motion was granted, and the plaintiffs appeal.
1Opinion of the Court
Pee Curiam.
The Code requires that the complaint shall contain a plain and concise statement of the facts constituting the cause of action, without unnecessary repetition. Code, § 481. Repetition to secure the rights of the party, or prevent injustice, is not forbidden. The evil aimed at is unnecessary reiteration, and not repetition made necessary by the peculiar circumstances of the case. Judge Gould, in his work on Practice, (4th Ed. p. 159, § 5,) says: “The plaintiff has, in every case, a right to insert in his declaration as many counts, each one being in itself single, as he pleases; and…
2Cases cited2 opinions
- Birdseye v. SmithNew York Supreme Court · 1860
- Velie v. Newark City InsuranceNew York Supreme Court · 1883
3Cited by1 opinion
- American Encaustic Tiling Co. v. ReichCity of New York Municipal Court · 1890