Seggerman Bros. v. Rosenberg Bros. & Co.

The defendant sought to dismiss the complaint in this action because it asserted that the causes of action set forth therein were improperly united. The specified ground of their improper joinder i that they are inconsistent.

There are two causes of action pleaded, both founded upon the same facts.

The first cause of action alleges a shipment of 1,770 boxes of evaporated apples forwarded by the defendant to the plaintiff. The apples were covered by a railroad bill of lading to defendant’s order, indorsed in blank. When the bill of lading was presented to *8the plaintiff, the defendant received on…