Stephen Peabody, Jr., & Co. v. Travelers Insurance

Martin, J.:

Before answering, defendant applied for an order striking out the matter contained in numerous paragraphs of the complaint as violative of section 241 of the Civil Practice Act, and for an order requiring plaintiff to set up as separate causes of action matters contained in various parts of the complaint. The order was granted to the extent of requiring plaintiff to separately state and number, as a separate cause of action, its allegations contained in six paragraphs of the complaint, and it was denied in all other respects. Both plaintiff and defendant appeal.

Plaintiff contends…