Edison Electric Illuminating Co. of Brooklyn v. Franklin H. Kalbfleisch Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Franklin H. Kalbfleisch Company, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 15th day of February, 1908, upon the decision of the court rendered after a trial at the Kings County Special Term, overruling the defendant’s demurrer to the amended complaint made upon the ground that two causes of action were improperly joined.
1Opinion of the Court
Gaynor, J.:
This amended complaint is substantially the same as the original complaint which was here on demurrer that it improperly joined two causes of action (117 App. Div. 842). The disposition seems to be to quarrel in this way with our former decision. It does not seem that the courts should be troubled twice with such a complaint, if once. That the two causes of action are not now stated and numbered as such does not prevent a demurrer to their improper joinder. They need not be separated and numbered on motion before the demurrer may be interposed.
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2Cases cited1 opinion
- Edison Electric Illuminating Co. v. Franklin H. Kalbfleisch Co.Appellate Division of the Supreme Court of the State of New York · 1907
3Cited by2 opinions
- People v. S. W. Straus & Co.New York Supreme Court · 1935
- O'Rourke v. Cunard Steamship Co.Appellate Division of the Supreme Court of the State of New York · 1915