Brush & Stephens Co. v. Ross
Appellate Terms of the Supreme Court of New York
Appeal by the plaintiff from a judgment of the City Court of the city of Bew York in favor of the defendant.
1Opinion of the CourtLeventritt, J.
All that can be gathered with any óertainty from the very complex and confusing complaint is that the plaintiff attempted, by means of four so-called causes of action, to set up four theories in the hope that perchance it might establish a single claim which, supposedly, existed against the defendant.
The origin of the claim is the sale and delivery of goods to a corporation known as Boss and Company.
*45After a studious examination of the complaint, we are of necessity driven to accept the plaintiff’s interpretation of the pleading, and that is briefed in this language: “ The first cause of…
2Cases cited2 opinions
- McNulty v. Mount Morris Electric Light Co.New York Court of Appeals · 1902
- Snyder v. . SeamanNew York Court of Appeals · 1899
3Cited by1 opinion
- Everett v. Webb Furniture Co.Supreme Court of Florida · 1929