Legal Opinion

Madison Real Property & Security Co. v. Hutton

Appellate Division of the Supreme Court of the State of New York

Decided February 15, 1913PublishedCited by 1 opinion

Appeal from an order of the Supreme Court, entered in the New York county clerk’s office on the 4th day of November, 1913, denying a motion to strike out certain paragraphs of the complaint as irrelevant, or to compel plaintiff to separately state and number the causes of action.

1Opinion of the Court

Scott, J.:

It is not easy to determine from reading the complaint just what cause of action the pleader intended to state. Many of the allegations seem to indicate an intention to state a cause of action for damages for conversion, and, indeed, that word is freely used as characterizing the defendants’ acts. If this is the cause of action intended to be pleaded and relied upon the allegations sought to be stricken out are clearly irrelevant. On the other hand, many of the allegations of the complaint seem to point to an intention to sue for the recovery of money deposited with defendants, such…

2Cited by1 opinion

  1. Michie v. SlaybackAppellate Division of the Supreme Court of the State of New York · 1914

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