Montgomery v. Boyd
Appellate Division of the Supreme Court of the State of New York
Van Brunt, P. J., and McLaughlin, J., dissented. Appeal by the plaintiff, James L. Montgomery, from a judgment of the Supreme Court in favor of the defendants, Edward R. McDermott and others, entered in the office of the clerk of the county of New York on the 10th day of April, 19Q2, upon the decision of the court, rendered after a trial at the New York Special Term, dismissing the complaint upon the pleadings and upon the opening of the plaintiff’s counsel.
1Opinion of the Court
Patterson, J.:
The complaint in this action was dismissed at the trial on the pleadings and on the opening of the plaintiff’s counsel. Those pleadings and the schedules annexed thereto and the opening address of the plaintiff’s counsel constitute a record of nearly three hundred pages of printed matter and relate to transactions of a very complicated character, with very extended ramifications. It is true that a great deal of the matter contained in the pleadings may be discarded as surplusage. There is difficulty in separating the useful from the useless, but utile per inutile non vitiatur.
The…
2Cases cited9 opinions
- Oscanyan v. Arms Co.Supreme Court of the United States · 1881
- Cates v. AllenSupreme Court of the United States · 1893
- The Ocean National Bank v. . OlcottNew York Court of Appeals · 1871
- Hoffman House v. . FooteNew York Court of Appeals · 1902
- McNamara v. DwyerNew York Court of Chancery · 1838
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3Cited by14 opinions
- Bergmann v. . LordNew York Court of Appeals · 1909
- Goodman v. Brooklyn Hebrew Orphan AsylumAppellate Division of the Supreme Court of the State of New York · 1917
- Estate of Paine v. GarnettSupreme Court of Florida · 1937
- In re the Estate of BuntingAppellate Division of the Supreme Court of the State of New York · 1904
- Baldwin v. RiceAppellate Division of the Supreme Court of the State of New York · 1905
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