Jacobs v. Escoett

Two causes of action are set forth in the complaint. The first is addressed to the equity side of the court. In it plaintiff seeks to have the defendant account. The second cause of action is one at law. The defendant made an application at Special Term, New York county, to dismiss the first and second causes of action upon the ground that facts sufficient to constitute the causes of action were not pleaded. Furthermore, the defendant demanded summary judgment. The court denied defendant’s motion.

We are inclined to the view that Special Term correctly decided that the second cause of action…