Norton v. Cary
New York Supreme Court
Motion to set aside the complaint. This action was brought by C. F. Norton against Cary & Salisbury. The facts relied upon, as causes of action, are stated in the opinion.
1Opinion of the CourtBockes, J.
Motion to set aside the complaint, on the ground of variance or departure from the summons.
The summons is framed under subdivision 1 of section 129 of the Code, which must be followed by a complaint in an action arising on contract for the recovery of money only.
The complaint contains two counts, or separate causes of action—both founded on contract. The first charges an indebtedness of $292.22 against the defendants for lumber sold by them as plaintiff’s agents or consignees; the second sets up a contract between the parties, by which, as is alleged, the defendants agreed to receive lumber…
2Cases cited3 opinions
- Tuttle v. SmithNew York Supreme Court · 1857
- Cobb v. DunkinNew York Supreme Court · 1859
- Johnson v. PaulNew York Supreme Court · 1857
3Cited by1 opinion
- Naderhoff v. Geo. Benz & SonsNorth Dakota Supreme Court · 1913