State v. Fidelity & Deposit Co.

Harrington, J.,

delivering the opinion of the Court:

Whatever the rule might be, if the suit were against Kaufman and Garcy, it is against the Surety on the bonds declared on. A most casual reading of the declaration shows that such bonds were separate and distinct contracts of the defendant, forming the basis of separate and distinct causes of action against it. It is an elementary rule in pleading that while several causes of action of the same nature may ordinarily be joined in one suit and in one declaration, they must be set out in different counts. The proposition is clearly stated in…