Tuers v. . Tuers
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, entered upon an order made June 1, 1883, which affirmed a judgment in favor of plaintiffs, entered upon a verdict.
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Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, entered upon an order made June 1, 1883, which affirmed a judgment in favor of plaintiffs, entered upon a verdict. The complaint in this action alleges, in substance, that plaintiffs are possessed of an undivided interest in certain real estate situate in the city of New York; that they appointed defendant as their agent to collect the rents thereof, agreeing to pay him five per cent on the amount collected for his services; that he agreed to pay the taxes and water rents charged upon the…
1Opinion of the CourtFinch, J.
There is but one cause of action stated in this complaint, and so the exception grounded upon the idea that there were two — one upon contract and the other for a tort— and, therefore, the plaintiffs should have been compelled to elect upon which .they would stand, is not well taken. That one cause of action was not merely for the conversion of plaintiffs’ money, but for something more than that, of which the conversion was only an element or detail. The complaint, in connection with the proof under it, showed that the plaintiffs and defendant were tenants in common of certain real estate,…
2Cited by10 opinions
- Bethel & Co. v. Salem Improvement Co.Supreme Court of Virginia · 1896
- Hoyt v. WrightAppellate Division of the Supreme Court of the State of New York · 1932
- Wells v. . HigginsNew York Court of Appeals · 1892
- Bosworth v. HigginsNew York Supreme Court · 1889
- Compton v. HeissenbuttelNew York Court of Common Pleas · 1891
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