Christenson v. Pincus
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Louis Pincus, from an order of the Supreme Court, made at. the Kings County Special Term and entered in the office df the clerk of the county of Kings on .the 3d day of January, 1907, denying the defendant’s motion to compel the plaintiff to separately state and number the causes of action set forth in the complaint."
1Opinion of the Court
Rich, J.:
The complaint alleges two causes of action, one for' conversion and one on contract, for goods sold and delivered. The.plaintiff *811might have waived the tort in his pleading and then the action would have proceeded as one on contract. This he has not seen fit to do, and defendant was entitled to' have the causes of action separated and numbered. (Code Civ. Proc. § 483.) It lias become the settled practice that a plaintiff will be required to elect at the trial as to which of two causes of action he will try, and that would have been quite proper in this case, .but defendant had the…
2Cited by2 opinions
- Newton v. Livingston County Trust Co.Appellate Division of the Supreme Court of the State of New York · 1931
- Agett v. Federal Telephone & Telegraph Co.New York Supreme Court · 1916