Michie v. Slayback
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Henry B. Slayback and another, from part of an order of the Supreme Court, made at the Hew York Special Term and entered in the office of the clerk of the county of Hew York on the 14th day of May, 1914.
1Opinion of the Court
McLaughlin, J.:
The defendants moved to compel plaintiff to make the complaint more definite and certain and to separately state and numher causes of action. The motion was denied and defendants appeal.
It is difficult to tell from the complaint what cause or causes of action the pleader attempted to set forth. There are allegations appropriate to an action for money had and received; conversion, and fraud and deceit. If it be considered an action for money had and received, then the words italicized with the asterisk underneath are irrelevant; if to recover for conversion, then the words…
2Cases cited1 opinion
- Madison Real Property & Security Co. v. HuttonAppellate Division of the Supreme Court of the State of New York · 1913
3Cited by1 opinion
- Weicker v. WeickerAppellate Division of the Supreme Court of the State of New York · 1966