Jackson v. Brown
New York Supreme Court
Appeal from special term, Queens county. Action by Robert Jackson against Pierre M. Brown to recover damages for loss of services of plaintiff’s servant. Defendant demurred to the complaint on the ground of misjoinder, and, from a judgment sustaining the same, plaintiff appeals.
1Opinion of the CourtPratt, J.
This is an appeal from a judgment entered upon an order sustaining a demurrer to the complaint. Nominally, the first cause of action is for loss of services of a servant by reason of seduction by the defendant, and the second cause alleged is to set aside a release of the first cause of action, obtained by fraud. Although alleged as two causes of action, there is really but one,— the action for loss of services. The allegations relative to the release were merely incidental to the cause of action. It is true the plaintiff has pleaded the loss of services, and left it for the defendant to set…
2Cited by4 opinions
- People v. WellsAppellate Division of the Supreme Court of the State of New York · 1900
- Schlieder v. DexterAppellate Division of the Supreme Court of the State of New York · 1906
- McInerney v. MainAppellate Division of the Supreme Court of the State of New York · 1903
- McInerney v. MainAppellate Division of the Supreme Court of the State of New York · 1903