Legal Opinion

Day v. Day

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1904PublishedCited by 5 opinions

Appeal by the plaintiff, Edward P. Day, 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 Kings on the 24th day of March, 1904, striking out certain portions of the complaint as irrelevant and redundant.

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Appeal by the plaintiff, Edward P. Day, 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 Kings on the 24th day of March, 1904, striking out certain portions of the complaint as irrelevant and redundant. The complaint reads as follows, those portions which were stricken out upon the motion being indicated in brackets: “ I. That at the times hereinafter mentioned the plaintiff was and still is the owner .and holder of a certain bond and mortgage made and executed by one Philip Freed and Rosa his wife to plaintiff,…

1Opinion of the Court

Williard Bartlett, J.:

The learned judge at Special Term characterized this complaint as a rigmarole. If it was ■ justly subject to criticism in its original form, it has hardly been improved by the effect of the order under review. As drawn by the pleader it was at least intelligible, though perhaps not artistic; as left by the court at Special Term it is meaningless. After striking out all allegations as to what representations were made by the defendant to the plaintiff, the court has allowed the averment to stand to the effect “ that the aforesaid statements by defendant to plaintiff and…

2Cases cited1 opinion

  1. Hagerty v. . AndrewsNew York Court of Appeals · 1883

3Cited by5 opinions

  1. International Railway Co. v. JaggardAppellate Division of the Supreme Court of the State of New York · 1922
  2. Mencher v. ChesleyNew York Supreme Court · 1946
  3. Pearson v. PearsonNew York Supreme Court · 1961
  4. Schwartz v. KleinAppellate Division of the Supreme Court of the State of New York · 1947
  5. Schwertfeger v. Bank of the Manhattan Co.New York Supreme Court · 1946

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