Winter v. Maple City Manufacturing Co.

The complaint contains two causes of action — one against the defendant Maple City Manufacturing Company for goods sold and delivered, and the other against the defendant Robert R. Kohnke on a guaranty of payment. They are properly joined in the same complaint, but they should be separately stated and numbered. (Civ. Prac. Act, §§ 193, 194, 211, 212, 216, 258, subd. 9; Rules of Civil Practice, rule 90; Ader v. Blau, 241 N. Y. 7; Zenith Bathing Pavilion, Inc., v. Fair Oaks Steamship Corporation, 240 id. 307.)

In the case of Stein v. Whitman (156 App. Div. 861) the plaintiff joined with the…