Donnelly v. Lambert
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff,- Richard Donnelly, individually and as administrator, etc., of Margaret Donnelly, deceased, from an interlocutory judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 14th day of February, 1901, upon the decision of the court rendered after a trial at the New York Special Term sustaining the demurrer to the complaint interposed by the defendant Hannah, Lambert individually.
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Appeal by the plaintiff,- Richard Donnelly, individually and as administrator, etc., of Margaret Donnelly, deceased, from an interlocutory judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 14th day of February, 1901, upon the decision of the court rendered after a trial at the New York Special Term sustaining the demurrer to the complaint interposed by the defendant Hannah, Lambert individually. The plaintiff, in his own behalf and as administrator of his sister, brings suit against the defendant individually and as…
1Opinion of the Court
O’Brien, J.:
If the learned judge at Special Term was right in his reading of the complaint, that it therein appeared that there were two causes of *192action set forth, a serious question would he presented as to whether either under section 484 or section 1815 of the Code of Civil Procedure, such causes could be United in the same complaint. As we read the pleading, however, there is but one cause of action stated, and that for an accounting; and the whole argument of the respondent appears to us to proceed upon a confusion of remedies or grounds of relief with causes of action. ■
Here, as…
2Cases cited3 opinions
- Garner v. ThornThe Superior Court of New York City · 1878
- Price v. BrownNew York Supreme Court · 1881
- Newcombe v. LottimerNew York Supreme Court · 1890
3Cited by3 opinions
- Cornell v. BonsallAppellate Division of the Supreme Court of the State of New York · 1917
- Metropolitan Trust Co. v. StalloAppellate Division of the Supreme Court of the State of New York · 1915
- Rogers v. WheelerAppellate Division of the Supreme Court of the State of New York · 1903