Langdon v. New York, Lake Erie & Western Railway Co.
New York Supreme Court
Appeal from circuit court, Hew York county. Action by Andrew Langdon and others against the Hew York, Lake Erie .& Western Bailway Company to recover damages for discriminating against plaintiffs as shippers of merchandise over defendant’s railroad. A motion to make the complaint more definite and certain, and to state separately several alleged causes of action, was denied, and defendant appeals.
1Opinion of the CourtVan Brunt, P. J.
The defendant in this action, claiming that several ■causes of action are set out in the plaintiffs’ complaint, sought to have them separately stated, and to have other allegations of the complaint, by which the causes of action were set out in general terms, made more definite and *256certain. It is undoubtedly true that a series of transactions are sought to be set out in the complaint, and form the basis of the recovery; but we do not understand that this necessarily requires a separate statement of each transaction. A party sues to recover the purchase price of goods sold on different •dates…
2Cited by5 opinions
- E. A. Higley & Co. v. Burlington, Cedar Rapids & Northern Railway Co.Supreme Court of Iowa · 1896
- Cohn v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1904
- Boyce v. Odell Commission Co.U.S. Circuit Court for the District of Indiana · 1901
- Erie Railroad v. HiltonAppellate Division of the Supreme Court of the State of New York · 1916
- Loomis v. Lehigh Valley RailroadNew York Supreme Court · 1921