O'Brien v. Blaut
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, Miles M. O’Brien and another, as receivers of the Madison Square Bank, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 25th day of February, 1896, granting the motion of the defendant Frederick Uhlmann that the plaintiffs he directed to serve a further amended complaint and therein to separate and separately state and number the several causes of action in…
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Appeal by the plaintiffs, Miles M. O’Brien and another, as receivers of the Madison Square Bank, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 25th day of February, 1896, granting the motion of the defendant Frederick Uhlmann that the plaintiffs he directed to serve a further amended complaint and therein to separate and separately state and number the several causes of action in said amended complaint contained. The action was brought by the receivers of a domestic banking corporation against…
1Opinion of the Court
Williams, J. :
The order appealed from was made upon the theory that the-complaint as amended really alleged several causes and not a single cause of action. The plaintiffs claimed they alleged but one cause of action, and not several. It is not claimed that the amended complaint was indefinite or uncertain. All the facts were stated in detail, as required by the General Term order. his was not a demurrer to the complaint, but the plaintiffs, who claimed that they had alleged but a single cause of action, were required by the order appealed from to separate the facts alleged, to call the…
2Cited by4 opinions
- Pope v. KellyAppellate Division of the Supreme Court of the State of New York · 1898
- Smith v. IrvinNew York Supreme Court · 1904
- Weed v. First National BankAppellate Division of the Supreme Court of the State of New York · 1905
- POPE v. KELLYAppellate Division of the Supreme Court of the State of New York · 1898