Moers v. Pell
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Albert A. Moers, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 17th day of'October, 1917, granting defendant’s motion for an order compelling plaintiff either to amend his complaint by setting forth a cause of action either in tort or for breach of contract and to strike out all allegations in the complaint inconsistent therewith, or to elect as to which…
Read the full summary
Appeal by the plaintiff, Albert A. Moers, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 17th day of'October, 1917, granting defendant’s motion for an order compelling plaintiff either to amend his complaint by setting forth a cause of action either in tort or for breach of contract and to strike out all allegations in the complaint inconsistent therewith, or to elect as to which of the two inconsistent causes of action, namely, tort or breach of contract, he will proceed with, and to strike out all…
1Opinion of the Court
Laughlin, J.:
Appellant claims that but a single cause of action is pleaded. Plaintiff alleges that on the 25th day of February, 1917, an agreement was made between him and the defendant whereby, in consideration of twenty dollars paid to her by the plaintiff, defendant agreed to breed a certain valuable female dog owned by the plaintiff and to skillfully care for and return the dog in the same condition of health as when delivered to her; that the dog was delivered to defendant in an healthy and sound physical condition, but that the defendant did not return her in the same condition and that…
2Cases cited2 opinions
- Payne v. . N.Y., S. W.R.R. Co.New York Court of Appeals · 1911
- Schoenfeld v. Mott Avenue Realty Co.Appellate Division of the Supreme Court of the State of New York · 1915