Sautter v. Metropolitan Life Insurance

The opinion of the court was delivered by

Pitney, J.

Defendant moves, under section 110 of the Practice act (Pamph. L. 1903, p. 569), to strike out the plaintiff’s declaration on the ground that it is so framed as to prejudice and embarrass a fair trial of the action, and on the further ground that it fails to make profert of the plaintiff’s letters of administration.

The action is upon contract. The declaration contains three counts. The first is the familiar combination of the common money counts in assumpsit, setting forth sundry indebtednesses from the defendant to the plaintiff; as…