Dalton v. Drake

1. Although the plea in this case was unnecessarily full and redundant, and might, for all practical purposes, have been omitted, and the facts set forth by it would have been admissible under the general issue, yet it was not amenable to the charge of duplicity. The matter contained in it which is claimed to arise ex delicto amounted simply to an allegation that the plaintiff was guilty of a breach or abuse of trust in the management of the business of his principal, for services in connection with which he sued; and the overruling of the demurrer thereto was not error.

2. Where there were…