Condé v. Rogers
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Lebbeus Harding. Rogers, Jr., as administrator, etc., of Marie C: Rogers, deceased, from an interlocutory judgment of the Supi’eme Court in favor of the plaintiff, entered in the office of the clerk of the county of Hew York on the 27th day of November, 1901, upon the decision of the court, rendered after a trial at the Hew York Special Term, overruling a demurrer to the amended complaint.
1Opinion of the Court
Patterson, J.:
By the interlocutory judgment from which this appeal is taken a demurrer to the complaint is overruled. The ground of that demurrer was that causes of action were improperly joined. There arc two causes of action set up in the complaint, the first being distinctly for affirmative equitable relief and the other being upon a simple common-law money demand arising on contract. The substantial allegations of the first cause of action are, that the plaintiff was the father of Marie 0. Rogers, deceased, who was the wife of Lebbeus H. Rogers, Jr.; that the plaintiff, at certain times,…
2Cases cited1 opinion
- Lattin v. . McCartyNew York Court of Appeals · 1869
3Cited by2 opinions
- Drexel v. HollanderAppellate Division of the Supreme Court of the State of New York · 1906
- Pennington v. District Court of MayagüezSupreme Court of Puerto Rico · 1942