Gridley v. . Gridley
New York Court of Appeals
.Appeal from the Supreme Court. Action brought by the plaintiff as committee of Maria Gridley, a lunatic, to ■ recover certain sums alleged to be due to her. The complaint set forth four distinct and separate causes of action against the defendant. First.
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.Appeal from the Supreme Court. Action brought by the plaintiff as committee of Maria Gridley, a lunatic, to ■ recover certain sums alleged to be due to her. The complaint set forth four distinct and separate causes of action against the defendant. First. That the father of the defendant at his decease, was indebted to Maria Gridley, the lunatic, and that by his will he gave all his real and personal estate to the defendant, and declared therein that “ the said George is to pay all the debts that I [the testator] may owe at my decease,” &c. “ And, also, $35 annually during her life,” &c. The…
1Opinion of the CourtDavies, J.
By section 167 of the Code, the plaintiff may unite in the same complaint several causes of action, whether they be such as have heretofore been denominated legal or equitable, or both, when they all arise out of:
1. The same transaction or transactions connected with the same subject' of action.
2. Upon contract, express or implied.
lío objection is made -to the joinder in the same complaint of the second, third and fourth causes of action, and the propriety of uniting with them the first cause of action depends upon the question whether the defendant was personally liable to pay the testator’s…
2Cases cited8 opinions
- Emery v. . PeaseNew York Court of Appeals · 1859
- Goodwin v. GilbertMassachusetts Supreme Judicial Court · 1813
- Van Wyck v. SewardNew York Supreme Court · 1837
- McLachlan v. McLachlanNew York Court of Chancery · 1842
- Tole v. HardyNew York Supreme Court · 1826
3 more not listed; retrieve them via the Exa API.
3Cited by37 opinions
- Seaver v. . RansomNew York Court of Appeals · 1918
- Allegheny College v. National Chautauqua County Bank of JamestownNew York Court of Appeals · 1927
- Kelly v. . RobertsNew York Court of Appeals · 1869
- Clift v. . MosesNew York Court of Appeals · 1889
- Dill v. . WisnerNew York Court of Appeals · 1882
32 more not listed; retrieve them via the Exa API.