Blake v. Barnes
New York Supreme Court
Appeal from special term, New York county. Action by Sarah Frances Blake against Alfred C. Barnes and others, individually, and as executors, etc., of Alfred S. Barnes, deceased. From an order denying their motion to require plaintiff to make the complaint more definite and certain, by separately numbering and stating each alleged cause of action, defendants appeal.
1Opinion of the CourtBartlett, J.
We think the appellants here have a substantial grievance. Judging from the face of the complaint, it is difficult to avoid the conclusion that the pleader intended to set out therein several causes of action against the defendants. The plaintiff has neither stated these causes of action separately, nor numbered them. On the contrary, allegations belonging to the statement of one cause of action are so intermingled with allegations belonging to the statement of another that it would be difficult indeed for the defendants, who are called upon to meet them, to answer the complaint intelligently…
2Cited by5 opinions
- Daly v. WolaneckNew York Supreme Court · 1899
- Agett v. Federal Telephone & Telegraph Co.New York Supreme Court · 1916
- Blake v. BarnesNew York Supreme Court · 1891
- Loew v. Ostreicher Bros.New York Supreme Court · 1921
- Whitner v. PerhacsNew York Supreme Court · 1890