Dresser v. Mercantile Trust Co.
Appellate Division of the Supreme Court of the State of New York
Appeal from an interlocutory judgment entered in the office of the clerk of the county of Nassau on the 28d day of May, 1907. Interlocutory judgment affirmed, with costs, on opinions of Mr. Justice Carr at Special Term. Woodward, Jenks, Hooker, Gaynor and Miller, JJ., concurred.
1Opinion of the Court
The following is the opinion of the court below upon the original argument:
Carr, J. :
The first cause of action in the complaint attempts to set forth either two causes of action or two items of damage arising from one cause of action. The defendants demur to it on two grounds, as follows: (a)'That it fails to state facts sufficient to constitute a cause or causes of action: (b) that in it are improperly joined a cause of action for a tort and one on a contract, both of which do not arise out of the same transaction. After a careful consideration of *892the somewhat voluminous allegations…
2Cases cited5 opinions
- Lent v. New York & Massachusetts Railway Co.New York Court of Appeals · 1892
- Conkling v. . WeatherwaxNew York Court of Appeals · 1905
- Abbey v. . WheelerNew York Court of Appeals · 1902
- Jex v. . StrausNew York Court of Appeals · 1890
- Barber v. MorganNew York Supreme Court · 1867
3Cited by5 opinions
- Gilpin v. SavageNew York Supreme Court · 1908
- Gamble v. Lewis, New York County Courts1914
- Sea Gate Hotel Co. v. NahmmacherAppellate Terms of the Supreme Court of New York · 1920
- Jackal Holdings, LLC v. JSS Holding Corp.Appellate Division of the Supreme Court of the State of New York · 2005
- Ives v. Male, New York County Courts1912