Adams v. Holley
New York Supreme Court
Motion for an order to strike out the 14th count, or statement of cause of action in the complaint, on the ground that it contains several causes of action not separately stated; and if not struck out, to have the same made definite and certain hy amendment, stating in what respect. Also, that the 11th, 12th, and 13th counts or causes of action be made definite and certain, &c. The llth, 12th, 13th and 14th counts.of the complaint are as follows:— “llth cause of action.
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Motion for an order to strike out the 14th count, or statement of cause of action in the complaint, on the ground that it contains several causes of action not separately stated; and if not struck out, to have the same made definite and certain hy amendment, stating in what respect. Also, that the 11th, 12th, and 13th counts or causes of action be made definite and certain, &c. The llth, 12th, 13th and 14th counts.of the complaint are as follows:— “llth cause of action. The plaintiff alleges that the said intestate, at the time of his death was indebted to the plaintiff in the sum of six…
1Opinion of the Court
Welles, Justice.
The objection to the 11th, 12th and 13th counts, I think, are disposed of by the case of Allen agt. Patterson, (3 Seld. R. 476.) The motion in regard to those counts is denied.
In regard to the 14th count:—A plaintiff may include any number of items in one count or statement of a cause of action. {Code, § 158.) But this right, where the action is for a legal remedy in distinction from equitable relief, I think, should be confined to cases where the items accrued to him in his own right, as distinguished from such as came to him by assignment under the Code, and for which,…
2Cited by8 opinions
- Field v. BrownIndiana Supreme Court · 1896
- Freeborn v. GlazerCalifornia Supreme Court · 1858
- Fulton v. Metropolitan Life InsuranceNew York Court of Common Pleas · 1893
- McKee v. JessupAppellate Division of the Supreme Court of the State of New York · 1901
- Betts v. BacheThe Superior Court of New York City · 1862
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