Longworthy v. Knapp
New York Supreme Court
Motion to set aside an amended complaint. This action was in the nature of a qui tam action, and was brought by Ira Longworthy against Gideon Lee Knapp, to recover a statute penalty under section 49 of the act of 1813, relative to the city of New-York (Laws of 1813, 359). That section requires the keepers of ferries between New-York city and Long Island to keep a printed copy of rates of ferriage prescribed by the act, with the fines and penalties relating to ferries, posted…
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Motion to set aside an amended complaint. This action was in the nature of a qui tam action, and was brought by Ira Longworthy against Gideon Lee Knapp, to recover a statute penalty under section 49 of the act of 1813, relative to the city of New-York (Laws of 1813, 359). That section requires the keepers of ferries between New-York city and Long Island to keep a printed copy of rates of ferriage prescribed by the act, with the fines and penalties relating to ferries, posted conspicuously in the ferry-houses; under penalty of three dollars for every day’s neglect, to he recovered at suit of…
1Opinion of the CourtClerke, J.
—Each day’s neglect to keep a list of the rates or prices of carrying in a conspicuous place in the ferry-house would, no doubt, strictly speaking, constitute in itself a complete cause of action; but, this does not hold when an action is instituted for violating the act in this respect, by neglect for a successive series of days. It has been always, and now more than ever" is allowed, that several causes of action do not always form the subject of several separate counts, but are sometimes thrown, for the sake of brevity and convenience, into one (Stephens' Pleadings, 268); and, pursuant to…
2Cited by3 opinions
- People v. BuellAppellate Division of the Supreme Court of the State of New York · 1903
- Roediger v. SimmonsNew York Court of Common Pleas · 1872
- Zacharias v. FrenchNew York Court of Common Pleas · 1894