Valleau v. Cahill
New York Marine Court
Motion, to open default taken upon a motion to overrule a demurrer as frivolous.
1Opinion of the CourtMcAdam, J.
The plaintiff sues as administratrix of William Valleau, Jr., deceased, and in her complaint declares upon two counts:
1. An indebtedness to her as administratrix on contract with her intestate.
2. An indebtedness to her as administratrix on a contract with her as such administratrix.
The defendant demurs to the complaint upon the ground that several causes of action have been improperly united. The misjoinder complained of is the uniting into one complaint of the cause of action be*48longing to the plaintiff’s intestate, and the one belonging to her as administratrix. The answer to this objection…
2Cases cited2 opinions
- Fry v. EvansNew York Supreme Court · 1832
- Welles v. WebsterNew York Supreme Court · 1853