Churchill v. Churchill
New York Supreme Court
Motion to set aside complaint. The plaintiffs claimed to recover four sums of money, as follows : $1,500, with interest from January 12,1853; $100, with interest from January 28,1853; $100, with interest from July 16, 1853; and $43.25, with interest from August 12, 1853. Sixteen causes of action are stated in the complaint.
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Motion to set aside complaint. The plaintiffs claimed to recover four sums of money, as follows : $1,500, with interest from January 12,1853; $100, with interest from January 28,1853; $100, with interest from July 16, 1853; and $43.25, with interest from August 12, 1853. Sixteen causes of action are stated in the complaint. The first states that on or about the 12th day of January, 1853, the defendant received, from the Albany Savings Bank in the city of Albany, fifteen hundred dollars, money of Silas Churchill since deceased, who was the plaintiff’s testator, to and for his use, and that he…
1Opinion of the Court
Harris, Justice.
The plaintiffs assume that they ha vefour causes of action. They claim judgment for no more; and yet they have stated in their complaint four times that number. It is apparent that the pleader, being uncertain what could be proved, and wishing to have a complaint which would be adapted to any imaginable state of facts which the trial might disclose, has, in accordance with the most approved precedents of common law pleading, expended his ingenuity in devising a variety of counts upon the same cause of action, so that, when the action should be tried, some of them might be…
2Cited by1 opinion
- Muzzy v. LedlieWisconsin Supreme Court · 1868