Kolel America Vatiferes Jerusalem v. Eliach
New York Supreme Court
Demubbeb to complaint.
1Opinion of the CourtBeekman, J.
The defendants have demurred to the' complaint on two grounds: (1) That causes of action have been improperly united; (2) that the complaint does not state facts sufficient to constitute a cause of action. The first ground is not tenable. The *500theory of the plaintiff is that he has stated and counts upon a single cause of action for a single tort, and that the facts set forth in the complaint, which the defendants contend exhibit a statement of several causes of action, are alleged as and, in fact, constitute the elements of the single wrong for which a recovery is sought. It is manifest, upon…
2Cases cited4 opinions
- Brackett v. . GriswoldNew York Court of Appeals · 1889
- Rich v. New York Central & Hudson River RailroadNew York Court of Appeals · 1882
- Lee v. TaylorNew York Supreme Court · 1890
- Dueber Watchcase Mfg. Co. v. E. Howard Watch & Clock Co.New York Supreme Court · 1893
3Cited by5 opinions
- Bowman v. WohlkeCalifornia Supreme Court · 1913
- Dahlquist v. MattsonIdaho Supreme Court · 1925
- Higgins v. ApplebaumAppellate Division of the Supreme Court of the State of New York · 1919
- Woods v. McClureNew York Supreme Court · 1903
- Bob v. HecksherAppellate Division of the Supreme Court of the State of New York · 1932