Whitney v. Wenman
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Charles H. Wenman and another, from so much of an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 20th day of May, 1904, as denies the said defendants’ motion for an order directing the plaintiff to serve an amended complaint separately setting forth and numbering the statements of fact constituting the causes of action set out in the complaint.
1Opinion of the Court
McLaughlin, J.:
The defendants above named, impleaded with other defendants, appeal from an order denying a motion to compel the plaintiff to serve an amended complaint and separately state and number therein the several causes of action set out in the complaint.
The complaint alleges that the plaintiff is the trustee in bankruptcy of the firm of Dresser & Co., which became insolvent on the 7th day of March, 1903; that on the 9th day of March, 1903, the defendants Morris and Mackenzie were appointed receivers in bank ruptcy, and that they acted as such from that time until the seven*291teenth of…
2Cases cited2 opinions
- Westheimer v. MuslinerAppellate Division of the Supreme Court of the State of New York · 1899
- Cohen v. JareckyNew York Supreme Court · 1895
3Cited by1 opinion
- Newton v. Livingston County Trust Co.Appellate Division of the Supreme Court of the State of New York · 1931