Hendrix v. Manhattan Beach Development Co. & Marshall
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Stafford Hendrix, from a judgment of the Supreme Court in favqr of the defendants, entered in the office of the clerk of the county of New York on the 15th day of March, 1917, dismissing the amended complaint on the pleadings, and also from an order entered in said clerk’s office on the same day granting. defendants’ motion for judgment on the pleadings, consisting of the amended complaint and a demurrer thereto.
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Appeal by the plaintiff, Stafford Hendrix, from a judgment of the Supreme Court in favqr of the defendants, entered in the office of the clerk of the county of New York on the 15th day of March, 1917, dismissing the amended complaint on the pleadings, and also from an order entered in said clerk’s office on the same day granting. defendants’ motion for judgment on the pleadings, consisting of the amended complaint and a demurrer thereto. The judgment appealed from was entered pursuant to the said order.
1Opinion of the Court
Laughlin, J.:
The provisions of the Code of Civil Procedure which require that the complaint shall contain a plain and concise statement of the facts constituting each cause of action without unnecessary repetition, and that where the complaint sets forth two or more causes of action the statement of the facts constituting each must be separately stated and numbered (Code Civ. Proc. §§ 481, 483), seem to have been disregarded in drafting the complaint. It contains two counts to recover the same amount of damages, and in each the same facts are *113alleged and no others, with the exception that in…
2Cases cited24 opinions
- Crescent City Live Stock Co. v. Batchers' Union Slaughter-House Co.Supreme Court of the United States · 1887
- Halberstadt v. . New York Life Ins. Co.New York Court of Appeals · 1909
- People v. . FabianNew York Court of Appeals · 1908
- Snead v. . BonnoilNew York Court of Appeals · 1901
- Dennis v. . RyanNew York Court of Appeals · 1875
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3Cited by13 opinions
- Warner v. State of New YorkNew York Court of Appeals · 1948
- Ingo v. KochCourt of Appeals for the Second Circuit · 1942
- Clark v. NanneryNew York Court of Appeals · 1944
- Houghtaling v. StateNew York Court of Claims · 1958
- Lippert v. StateNew York Court of Claims · 1955
8 more not listed; retrieve them via the Exa API.