Legal Opinion

Griffith v. Friendly

New York Supreme Court

Decided January 15, 1900PublishedCited by 5 opinions

Demurrer to complaint.

1Opinion of the CourtDavy, J.

The principal question presented by the demurrer to the complaint is whether there is a misjoinder of the causes of action. The allegations in the complaint relating to the personal injuries are not separated from the other allegations therein relating to the injury for the wrongful taking of the personal property from plaintiff’s possession. Both actions are in tort, and are blended together in a single count, and damages are claimed for the combined injury.

The defendants by demurring to the complaint concede that they were trespassers and that they wrongfully took the property referred to…

2Cases cited4 opinions

  1. Lamming v. . GalushaNew York Court of Appeals · 1892
  2. Frost v. . MottNew York Court of Appeals · 1866
  3. Stowell v. . OtisNew York Court of Appeals · 1877
  4. Bass v. . ComstockNew York Court of Appeals · 1868

3Cited by5 opinions

  1. Waaler v. Great Northern Railway Co.South Dakota Supreme Court · 1908
  2. Doyle v. American Wringer Co.Appellate Division of the Supreme Court of the State of New York · 1901
  3. Doyle v. American Wringer Co.Appellate Division of the Supreme Court of the State of New York · 1901
  4. Campbell v. HallihanAppellate Terms of the Supreme Court of New York · 1904
  5. Griffith v. FriendlyAppellate Division of the Supreme Court of the State of New York · 1900

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