Huguley v. Gardner
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Oliver L. Gardner and another, 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 3d day of March, 1913, as resettled by an order entered in said clerk’s office on the 8th day of March, 1913, denying the defendants’ motion to require the complaint to be amended so as to separately state and number the causes of action therein.
1Opinion of the Court
Laughlin, J.:
The point presented by the appeal is whether the complaint purports to set forth more than a single cause of action. If it does, the plaintiff is required by section 483 of the Code of Civil Procedure, and by the established practice thereunder, to separately state and number them. (Astoria Silk Works v. Plymouth Rubber Co., 126 App. Div. 18; Gunn v. Fellows, 41 Hun, 257; Westheimer v. Musliner, 46 App. Div. 96; Whitney v. Wenman, 96 id. 290; Stern v. Marcuse, 119 id. 478; Egan & Co. v. Butterworth, 66 id. 480.)
The appellants contend, ' in effect, that the complaint sets forth…
2Cases cited2 opinions
- Astoria Silk Works v. Plymouth Rubber Co.Appellate Division of the Supreme Court of the State of New York · 1908
- Westheimer v. MuslinerAppellate Division of the Supreme Court of the State of New York · 1899
3Cited by1 opinion
- Schwartz v. Marjolet, Inc.Appellate Division of the Supreme Court of the State of New York · 1925