Legal Opinion

Kolel America Vatiferes Jerusalem v. Eliach

New York Supreme Court

Decided November 15, 1899PublishedCited by 5 opinions

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

  1. Brackett v. . GriswoldNew York Court of Appeals · 1889
  2. Rich v. New York Central & Hudson River RailroadNew York Court of Appeals · 1882
  3. Lee v. TaylorNew York Supreme Court · 1890
  4. Dueber Watchcase Mfg. Co. v. E. Howard Watch & Clock Co.New York Supreme Court · 1893

3Cited by5 opinions

  1. Bowman v. WohlkeCalifornia Supreme Court · 1913
  2. Dahlquist v. MattsonIdaho Supreme Court · 1925
  3. Higgins v. ApplebaumAppellate Division of the Supreme Court of the State of New York · 1919
  4. Woods v. McClureNew York Supreme Court · 1903
  5. Bob v. HecksherAppellate Division of the Supreme Court of the State of New York · 1932

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