Evans v. Kalbfleisch
The Superior Court of New York City
Appeal from an order directing a reference. Charles D. Evans sued Charles H. Kalbfleisch and. others, executors. The complaint alleged that the plaintiff was employed and retained by the defendants’ testator h> render, and that he did render, services for such testator, as his attorney and counsel, and in preparing and procuring testimony in a suit expected to be brought,, and which afterwards was brought, against such testator.
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Appeal from an order directing a reference. Charles D. Evans sued Charles H. Kalbfleisch and. others, executors. The complaint alleged that the plaintiff was employed and retained by the defendants’ testator h> render, and that he did render, services for such testator, as his attorney and counsel, and in preparing and procuring testimony in a suit expected to be brought,, and which afterwards was brought, against such testator. It further alleges, “that the price agreed upon to be paid this plaintiff by said Kalbfleisch, for said services so to be rendered, was the sum of five thousand…
1Opinion of the Court
By the Court.*
Mohell, J.
I am satisfied there *15is but one cause of action alleged in the complaint, namely, an agreement to pay five thousand dollars. After alleging the employment, and performance of the services, it is averred that the price “agreed upon ” by the defendant’s testator, for such services, “ so to ~be renderedwas the sum of five thousand dollars. The subsequent allegation, that the services so rendered were reasonably worth the sum of five thousand dollars, is not a statement of another and different causes of action.
A plaintiff may unite a cause of action upon a special…
2Cases cited3 opinions
- Townsend v. HendricksNew York Court of Appeals · 1870
- Whitaker v. DesfosseThe Superior Court of New York City · 1861
- Batchelor v. Albany City InsuranceThe Superior Court of New York City · 1869