Roehr v. Liebmann
Appellate Division of the Supreme Court of the State of New York
Appeal from special term. Action by Henry E. Roehr against Julius Liebmann and others. From a judgment for plaintiff on demurrer to the complaint for improper joinder of causes of action, defendant Liebmann appeals.
1Opinion of the CourtHatch, J.
—The action is brought to recover rent secured to be paid by the terms of a written lease, and for damages sustained in the restoration of the property after the termination of the lease. The complaint sets out the two causes of action in separate counts. So far as material to the disposition of the questions presented by the demurrer, the complaint alleges in the first count, and repeats the allegation in the second count, as follows : “ That on the 19 th day of September, 1892, the plaintiff and the said defendants entered into a written agreement, a copy of which is hereto annexed, marked *882‘…
2Cases cited6 opinions
- Nichols v. . DrewNew York Court of Appeals · 1883
- De Ridder v. SchermerhornNew York Supreme Court · 1851
- Carman v. . PlassNew York Court of Appeals · 1861
- Tibbits v. PercyNew York Supreme Court · 1857
- Harris v. EldridgeNew York Supreme Court · 1879
1 more not listed; retrieve them via the Exa API.