Virdone v. Globe Bank & Trust Co.

The second amended complaint states several causes of action for conversion and money had and received, more or less jumbled together. It is unnecessarily prolix, obscure, repetitious and redundant. If the defendants had moved to strike out the entire complaint on those grounds (Rules Civ. Prac. rules 102, 103), very likely the motion would have been granted and the plaintiff required to make a plain and concise statement of the material facts (Civ. Prac. Act, § 241), separately stating and numbering the causes of action. (Rules Civ. Prac. rule 90.) Courts do not favor such long and confused…