Reed v. Batten
New York Supreme Court
On motion for allowance of costs to defendant. The facts are stated in the opinion. Code Civil Proc. § 3234, provides that in the actions specified in section 3228, “ wherein the complaint sets forth separately two or more causes of action, upon which issues of fact are joined, if the plaintiff recovers upon one or more of these issues, and the defendant upon the other or others, each party is entitled to costs against the adverse party, unless it is certified that the…
Read the full summary
On motion for allowance of costs to defendant. The facts are stated in the opinion. Code Civil Proc. § 3234, provides that in the actions specified in section 3228, “ wherein the complaint sets forth separately two or more causes of action, upon which issues of fact are joined, if the plaintiff recovers upon one or more of these issues, and the defendant upon the other or others, each party is entitled to costs against the adverse party, unless it is certified that the substantial cause of action was the same upon each issue, ” etc.
1Opinion of the CourtDaniels, J.
The action was brought for damages for the conversion of two parcels of personal property. Each parcel constituted a separate and distinct cause of action from the other, and the answer of the defendant consisted of a general denial of each and every allegation contained in the complaint. Upon the trial of the action the court held the plaintiff not entitled to maintain it for the second cause of action, on the ground that his title was derived through agreements intended as chattel mortgages, and which were *709not filed in the office of the town-clerk of the town, and consequently were void as…
2Cited by4 opinions
- San Angelo Wine & Spirits Corp. v. South End Warehouse Co.Appellate Division of the Superior Court of California · 1936
- McCarthy v. InnisNew York Supreme Court · 1891
- Heath v. ForbesCity of New York Municipal Court · 1890
- Ackerman v. O'GormanNew York Supreme Court · 1889