Bonnell v. Wheeler
New York Supreme Court
Appeals from orders made by Mr. Justice Bocees overruling the defendants’ demurrers, in each of the following actions, to the amended complaints therein. The actions were four in number.
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Appeals from orders made by Mr. Justice Bocees overruling the defendants’ demurrers, in each of the following actions, to the amended complaints therein. The actions were four in number. The first was brought by Samuel Bonnell, Jr., against George M. Wheeler, Chester Griswold and Jacob W. Hoysradt, impleaded with others; the second was brought by Eli W. Blake against the same defendants, impleaded; the third was brought by Samuel Bonnell, Jr., against Chester Gris-wold, John W. Griswold and Elizabeth H. Griswold, executors, etc., of John A. Griswold, deceased; th & fourth was brought by Eli…
1Opinion of the CourtMiller, P. J.
In the first and second actions, I think that the first and second causes of action were properly united. Each of them was for a liability somewhat in the nature of a statute penalty, and virtually an action on contract for the recovery of money. McCoun v. N. Y. C. & H. R. R. R. Co., 7 Lans. 75. They were therefore properly joined, under section 167, subdivision 2 of the Code. The fact that one of the causes of action is for not making a report within twenty days as required by Laws of 1848, chapter 40, section 12, and the second for making a false report, does not, I think, alter the case.…
2Cases cited9 opinions
- Byxbie v. . WoodNew York Court of Appeals · 1862
- Meech v. . StonerNew York Court of Appeals · 1859
- Haight v. . HaytNew York Court of Appeals · 1859
- Palmer v. . DavisNew York Court of Appeals · 1863
- Graves v. SpierNew York Supreme Court · 1870
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