Woods v. McClure
New York Supreme Court
Motion by defendants to require the plaintiff to separately state and number alleged different causes of action contained in the complaint. '
1Opinion of the CourtCochrane, J.
This is an equitable action, and the complaint demands equitable relief. The agreements referred to in the complaint, standing by themselves, do not establish causes of action against any of the defendants, excepting those who signed them. The theory of the plaintiff is that they merely constitute one element, which with others make out a case for equitable relief. The plaintiff’s testator was the *9special guardian, for all of the infants interested under the will of James McClure, under a common appointment by the surrogate. The services performed by him as such special guardian related…
2Cases cited4 opinions
- Kolel America Vatiferes Jerusalem v. EliachNew York Supreme Court · 1899
- Hatch v. MatthewsNew York Supreme Court · 1894
- Lewis v. HoweAppellate Division of the Supreme Court of the State of New York · 1901
- Robinson v. BrownAppellate Division of the Supreme Court of the State of New York · 1900
3Cited by1 opinion
- Smith v. IrvinNew York Supreme Court · 1904