Seymour v. Warren
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Walter H. Warren and another, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Queens on the 24th day of December, 1901, denying the defendants’ motion to compel the plaintiff to make the complaint definite and certain.
1Opinion of the Court
Willard Bartlett, J.:
I think this motion was properly denied. It does not seem to me that the allegations of the complaint “ are so indefinite or uncertain that the precise meaning or application thereof is not apparent,” as required by section 546 of the Code in order to justify granting such an application.
*422The complaint states two separate and complete causes of action arising out of one transaction; and the purpose of the motion seems' to have been to compel the plaintiff to elect, in advance of the-trial, whether she would attempt to recover on the contract which she sets out, or…
2Cases cited2 opinions
- Velie v. Newark City InsuranceNew York Supreme Court · 1883
- Lyke v. PostNew York Supreme Court · 1882
3Cited by4 opinions
- Rubin v. CohenAppellate Division of the Supreme Court of the State of New York · 1908
- Logan v. WhitleyAppellate Division of the Supreme Court of the State of New York · 1908
- Franke v. N. W. Taussig Co.New York Supreme Court · 1905
- Reilly v. SteinhardtNew York Supreme Court · 1908