White v. Improved Property Holding Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Improved Property Holding Company of New York, a corporation, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 8tli day of June, 1910, upon the decision of the court, rendered after' a trial at the New York Special Term, overruling the defendant’s demurrer to the amended complaint.
1Opinion of the Court
Laughlin, J.:
The first ground of demurrer is that an action for breach of contract is joined with an action for the conversion of personal property and that such causes of action are not consistent with each other, and do not fall within any one of the subdivisions of section 484 of the Code of Civil Procedure.
I am of the opinion that the demurrer was well taken. It is evident that the plaintiff has attempted to set forth two causes of action separately numbered and stated to recover the same amount of damages on two different theories ; but it does not necesssarily follow that the causes of…
2Cases cited5 opinions
- Carpenter v. . Manhattan Life Ins. Co.New York Court of Appeals · 1883
- People of State of N.Y. v. . DennisonNew York Court of Appeals · 1881
- Heigel v. WillisNew York Supreme Court · 1889
- Van v. MaddenAppellate Division of the Supreme Court of the State of New York · 1909
- Story v. RichardsonAppellate Division of the Supreme Court of the State of New York · 1904
3Cited by2 opinions
- People v. ArnsteinNew York Court of General Session of the Peace · 1912
- Salter v. Bronx National BankAppellate Division of the Supreme Court of the State of New York · 1912