New Haven Metal and Heating Supply Co. v. Flanagan

Three of the seven defendants in this action have demurred to a cross complaint the object of which is to litigate controversies among some of the defendants. Of these controversies, those set forth in the first and third counts of the cross complaint are concerned with the same transaction upon which the complaint is predicated. Whether that set forth in the second count may also be so characterized becomes of no moment, because the demurrer is addressed to the entire cross complaint. In such a situation, if any one of the counts is good, the demurrer is bad. Cole vs. Hawley, 95 Conn. 587,…