Stein v. . Whitman
New York Court of Appeals
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered May 29, 1913, which affirmed an order of Special Term overruling a demurrer to the complaint and granting a motion by plaintiff for judgment' on the pleadings in an action on a bond. The following question was certified: “ Have causes of action been improperly united in the complaint ? ”
1Opinion of the Court
Interlocutory judgment and order of the Appellate Division reversed and judgment ordered for defendants on demurrer, with one bill of costs, on dissenting opinion of Laughlin, J., below, with leave to plaintiff to sever action on payment of such costs. Question certified answered in the affirmative.
Concur: Cullen, Ch. J., Gray, Werner, Collin, CuDDEBACK, HOGAN and MlLLER, JJ.
2Cited by6 opinions
- Peoples Trust Co. v. O'NeilNew York Court of Appeals · 1937
- First National Bank v. JonesNew York Court of Appeals · 1916
- Automatic Strapping Machine Co. v. Twisted Wire & Steel Co.Appellate Division of the Supreme Court of the State of New York · 1913
- Hudson Trading Co. v. DurandAppellate Division of the Supreme Court of the State of New York · 1920
- Winter v. Maple City Manufacturing Co.New York Supreme Court · 1928
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