McKesson v. Russian Co.
New York Supreme Court
Motion to compel the defendant to elect between its answer and demurrer. ' The action is for the recovery of damages claimed in consequence of the defendant’s, alleged failure to deliver certain advertising .matter. / The material allegations of the complaint are, (1) that the plaintiffs are copartners; (2) that the defendant is a foreign corporation and a common carrier of goods for hire; (3) that for. a certain compensation it agreed to forward for the plaintiffs from the…
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Motion to compel the defendant to elect between its answer and demurrer. ' The action is for the recovery of damages claimed in consequence of the defendant’s, alleged failure to deliver certain advertising .matter. / The material allegations of the complaint are, (1) that the plaintiffs are copartners; (2) that the defendant is a foreign corporation and a common carrier of goods for hire; (3) that for. a certain compensation it agreed to forward for the plaintiffs from the borough of Manhattan, New York city, to London, England, via the steamship “ Campania,” and to deliver to certain…
1Opinion of the CourtGiegerich, J.
The matters set forth in the sixth paragraph or subdivision of the complaint have a bearing only upon the special .damages resulting from the defendant’s failure to deliver the advertising matter in question, and hence do not constitute a separate cause of action. Vanderslice v. Newton, 4 N. Y. 130; Hallock v. Belcher, 42 Barb. 199; Abbott’s Brief on the Pleadings, § 210, p. 190. The complaint is thus found to contain but a single cause of action, and, therefore, the defendant could not demur to a part and answer another portion thereof. Code of Civ. Pro., § 492; Cobb v. Frazee, 4 How. Pr.…
2Cases cited6 opinions
- Van Slyke v. . HyattNew York Court of Appeals · 1871
- Vanderslice v. . NewtonNew York Court of Appeals · 1850
- Spellman v. WeiderNew York Supreme Court · 1850
- Hallock v. Belcher & SackettNew York Supreme Court · 1864
- Myers v. RosenbackNew York Court of Common Pleas · 1894
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