Schroeder v. Young
Appellate Division of the Supreme Court of the State of New York
Appeal from special term, New York county. Action by Johannes Scliroeder against John M. Young. From an order denying motion to strike out certain allegations of the complaint, or, in the alternative, to compel plaintiff to separately state and number the causes of action therein stated, defendant appeals.
1Opinion of the CourtBarrett, J.
But one definite cause of action is stated in the complaint. It is alleged that the plaintiff was, in 1897, a creditor of the J. M. Young Importing Company, a West Virginia corporation, in the sum of $40,090; that he gave thé defendant a power of attorney to settle this claim; that the defendant accepted in settlement thereof worthless securities of the New York China, Glass & Toy Company, knowing them to be worthless; and that, “by reason of the acts of the defendant as aforesaid, the plaintiff has sustained damages in the sum of forty-eight thousand ($48,000) dollars.” Judgment is thereupon…
2Cited by3 opinions
- Lyon v. FriedlanderCity of New York Municipal Court · 1909
- Meyer v. YoungAppellate Division of the Supreme Court of the State of New York · 1900
- W. T. Hanson Co. v. CollierNew York Supreme Court · 1906