Baldwin v. A. B. Leach & Co.

Callaghan, J.:

The plaintiff has joined in the complaint two causes of action •— one for fraud and deceit, in which a money judgment is demanded; the other for a rescission. This may be done (Civ. Prac. Act, § 258; Merry Realty Co. v. Shamokin & Hollis R. E. Co., 230 N. Y. 316, 324), but within the limits prescribed by section 258 of the Civil Practice Act. Twelve subdivisions are enumerated, each defining the kind of actions which may be united. The causes of action stated here are upon entirely different transactions. That section provides: “ It must appear upon the face of the complaint…