Copley v. Doran & Wright Co.
New York Supreme Court
Appeal from special term, Jefferson county. Action by Hiram Copley against the Doran & Wright Company, Limited, impleaded with Charles R. Knapp. Defendants appeal from an order overruling a demurrer to plaintiff’s complaint.
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Appeal from special term, Jefferson county. Action by Hiram Copley against the Doran & Wright Company, Limited, impleaded with Charles R. Knapp. Defendants appeal from an order overruling a demurrer to plaintiff’s complaint. The demurrer, among other grounds, states, .viz., “that causes of action have been improperly united, to-wit: (1) 5For damages for breach of contract for the purchase and sale of wheat; and (2) for money paid contrary to the provisions of the statutes against betting and gaming.” Also “that the complaint does not state facts sufficient to constitute a cause of action for…
1Opinion of the CourtHardin, P. J.
Plaintiff’s complaint contains but one cause of action. Its parts are not separately numbered, nor independently classified. The early part of the complaint contains historical statements of the transactions had between the plaintiff and his assignor and the defendants, and to some extent spreads out somewhat artificially evidence of facts, while the early portions of the complaint are somewhat inartifieially drawn, and the exact meaning of them somewhat obscure. It is not the office of a demurrer to reach such imperfections in pleadings. The allegations evince an intent of the pleader to…
2Cases cited3 opinions
- Irwin v. WilliarSupreme Court of the United States · 1884
- Everingham v. MeighanWisconsin Supreme Court · 1882
- Cassard v. HinmannThe Superior Court of New York City · 1856