McKenzie v. Hatton
New York Court of Common Pleas
Appeal from special term. Action by Jane McKenzie and another against Loftus D. Hatton, impleaded. From an interlocutory judgment overruling a demurrer to the complaint for insufficiency in substance and misjoinder of causes of action (20 N. Y. Supp. 873), defendant appeals. The complaint, so far as material, is as follows: “Sixth.
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Appeal from special term. Action by Jane McKenzie and another against Loftus D. Hatton, impleaded. From an interlocutory judgment overruling a demurrer to the complaint for insufficiency in substance and misjoinder of causes of action (20 N. Y. Supp. 873), defendant appeals. The complaint, so far as material, is as follows: “Sixth. Also, upon information and belief, that the plaintiffs allege that the said defendant Goldenberg, and the defendants Michael Larkin and James J. Larkin, copartners doing business under the firm name and style of M. Larkin & Son, as aforesaid, the agents, servants,…
1Opinion of the CourtPryor, J.
By the terms of the Code (section 484) it is indispensable to the union of several causes of action in the same complaint—First, that they be of a certain class; secondly, that they be consistent with each other; thirdly, that they affect all the parties; and, fourthly, that they do not require different places of trial. Consisting only of a single count, still the complaint contains the elements of four different causes of action ,■—two against Golden-berg and the Larkins, and two against Hatton. The causes of action, against Goldenberg and the Larkins are—First, that, having a license to…
2Cases cited7 opinions
- Gardner v. . OgdenNew York Court of Appeals · 1860
- Chipman v. . PalmerNew York Court of Appeals · 1879
- Nichols v. . DrewNew York Court of Appeals · 1883
- Van Steenburgh v. TobiasNew York Supreme Court · 1837
- Malone v. StilwellNew York Court of Common Pleas · 1863
2 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Willey v. NicholsWashington Supreme Court · 1898
- Tew v. WolfsohnNew York Supreme Court · 1902
- Mckenzie v. HattonNew York Court of Common Pleas · 1895