Legal Opinion

Caleo v. Goldstein

New York Supreme Court

Decided December 15, 1908PublishedCited by 1 opinion

Demurrer to complaint.

1Opinion of the CourtCarr, J.

The defendant Goldstein demurs to the complaint herein on the following grounds: (a) That the complaint does not state facts sufficient to- constitute a cause of action; (b) that there is a misjoinder of causes of action, in that a cause of action against said Goldstein is joined with a cause of action against one Flischer; as to which two causes of action the interests of Goldstein and Flischer are entirely distinct. The action is in equity, as claimed by the plaintiff, and the complaint must be considered in that light. In its simplest form the complaint is one brought to procure the…

2Cases cited2 opinions

  1. O'Brien v. FitzgeraldAppellate Division of the Supreme Court of the State of New York · 1896
  2. Boyd v. DowieNew York Supreme Court · 1872

3Cited by1 opinion

  1. Caleo v. GoldsteinAppellate Division of the Supreme Court of the State of New York · 1909

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