Evans v. Kalbfleisch
The Superior Court of New York City
Appeal by defendant from an‘order of reference. The complaint alleges that the plaintiff was employed and retained by the defendants’ testator to render, and that he did render, services for'such testator as his attorney and counsel, and in preparing and procuring testimony in a suit expected to be brought, and which afterwards was brought, against such testator.
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Appeal by defendant from an‘order of reference. The complaint alleges that the plaintiff was employed and retained by the defendants’ testator to render, and that he did render, services for'such testator as his attorney and counsel, and in preparing and procuring testimony in a suit expected to be brought, and which afterwards was brought, against such testator. It further alleges “that the price agreed upon to be paid this plaintiff by said Kalbfleisch, for said services-so to be rendered, was the sum of five thousand dollars, and he, said Kalbfleisch, to pay all incidental disbursements.”…
1Opinion of the Court
By the Court.—Monell, J.
I am satisfied there is but one cause of action alleged in the complaint, namely, an agreement to pay five thousand dollars. After alleging the employment and performance of the services, it is averred that the price “ agreed upo,n ” by the defendants’ testator for such services, “so to be rendered,” was the sum of five thousand dollars. The subsequent allegation, that the services so rendered were reasonably worth the sum of five thousand dollars, is not a statement of another and different cause of action.
A plaintiff may unite a cause of action upon a special…
2Cases cited2 opinions
- Whitaker v. DesfosseThe Superior Court of New York City · 1861
- Batchelor v. Albany City InsuranceThe Superior Court of New York City · 1869