Sweet v. Ingerson
New York Supreme Court
This was a demurrer to the complaint, on the ground that it improperly united two causes of action. The plaintiff, in one count of. his complaint, claimed to recover for the breach of a contract of warranty on the sale of a horse, and in the second claimed damages for a fraudulent representation in regard to the quality and condition of the same horse. At the special term, judgment was given for the plaintiff on the demurrer, and from this judgment the defendant appealed.
1Opinion of the Court
By the court—Bacon, Justice.
It is somewhat difficult to determine the precise extent and boundaries of the first subdivision of § 16f of the Code, which provides for the joinder of causes of action “ where they arise out of the same transaction, connected with the same subject of action.”
In this case, the plaintiff, in his complaint, first counts in as*332sumpsit on an alleged warranty of the horse, which was the subject of the sale; and in the second count, for fraud and deceit in wrongfully concealing the defects of the same horse.
'It may be true, that these causes of action arise out of the…
2Cases cited2 opinions
- Nathan v. LouisianaSupreme Court of the United States · 1850
- Humphreys v. Leggett, Smith, & LawrenceSupreme Court of the United States · 1850
3Cited by11 opinions
- Konick v. ChampneysWashington Supreme Court · 1919
- Anderson v. HillNew York Supreme Court · 1869
- Barkley v. WilliamsNew York Supreme Court · 1900
- Reed v. LivermoreAppellate Division of the Supreme Court of the State of New York · 1905
- Springsteed v. LawsonNew York Supreme Court · 1862
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