Frank Seaman, Inc. v. Stirn
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Louis A. Stirn and others, copartners, etc., from an order of the Supreme Court, made at the Hew York Special Term and entered in the office of the clerk of the county of Hew York on the 31st day of January, 1910, denying the defendants’ motion, that the complaint be made definite and certain and that the several causes of action be separately numbered.
1Opinion of the Court
Dowling, J.:
- In its present form the complaint herein appears to set forth three different and distinct causes of action : (1) One based upon a contract made on February 18,1908, between I. M. Simpson for and on behalf of the Textile Publishing Company and the defendants; thereafter *660assigned, .after part performance, to the plaintiff by the Textile Publishing Company at the request of the defendants and with their knowledge and approval, the plaintiff assuming certain indebtedness and performing the balance of that contract. (2) A further independent contract, made as part of the…