Cleminshaw v. Coon
Appellate Division of the Supreme Court of the State of New York
Appeal, by the defendant, Daniel W. Coon, from an order of the Supreme Court, made at the Albany Special Term and entered in the office of the clerk of the county of Rensselaer on the 3d day of September, 1909,. denying the said defendant’s motion to strike out certain portions of the -complaint as irrelevant. and redundant..
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Appeal, by the defendant, Daniel W. Coon, from an order of the Supreme Court, made at the Albany Special Term and entered in the office of the clerk of the county of Rensselaer on the 3d day of September, 1909,. denying the said defendant’s motion to strike out certain portions of the -complaint as irrelevant. and redundant.. It is alleged in the complaint that plaintiff was a stockholder, find bondholder of a corporation known as H. C. Curtis & -Co., which stock and- bonds were worth par, and that -the said corporation was prosperous with assets more than equal to its liabilities and making…
1Opinion of the Court
Cochrane, J.:
The matter sought to be stricken from the complaint is claimed to be justifiable as constituting a motive for the alleged fraudulent conspiracy. Whether.or not it would be admissible as evidence on, the trial, it clearly has no place in the pleading. A complaint should contain a plain and concise statement of the facts constituting the cause of action and not the evidence- of those facts. This complaint was complete before the allegations which are the subject . of criticism. ' The insertion of these evidentiary facts in the complaint does not affect the question of their…
2Cases cited1 opinion
- Chittenden v. San Domingo Improvement Co.Appellate Division of the Supreme Court of the State of New York · 1908
3Cited by7 opinions
- Murphy v. National City BankAppellate Division of the Supreme Court of the State of New York · 1922
- Yeshiva University v. EdelmanNew York Supreme Court · 1958
- Margos v. GonzalesNew York Supreme Court · 1962
- Ames v. Pennsylvania RailroadNew York Supreme Court · 1959
- Goldstein v. GoldsteinNew York Court of Appeals · 1940
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