Baruch v. Young
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Emanuel Baruch, from an order of the Supreme Court, made at the Yew York Special Term and entered in the office of the clerk of the county of Yew York on the 30th day of December, 1911.
1Opinion of the Court
Miller, J.:
The order appealed from (1) requires the plaintiff to separately state and number causes of action; a, one in equity for an accounting; b, one at law for breach of guaranty or indemnity; c, one - or more for conversion; (2) requires the plaintiff to make the complaint more definite and certain by stating a mass of details; (3) strikes out of the complaint certain matter as irrelevant, redundant and scandalous.
Under the first head the plaintiff says that he has attempted to state but one cause of action, i. e., an action for accounting. In brief the plaintiff alleges that, in…
2Cases cited3 opinions
- Dumar v. Witherbee, Sherman & Co.Appellate Division of the Supreme Court of the State of New York · 1903
- Indelli v. LessterAppellate Division of the Supreme Court of the State of New York · 1909
- Pope v. KellyAppellate Division of the Supreme Court of the State of New York · 1898
3Cited by3 opinions
- Droesch Homes, Inc. v. PietrosNew York Supreme Court · 1945
- Steinberg v. LevyAppellate Terms of the Supreme Court of New York · 1931
- Baruch v. YoungAppellate Division of the Supreme Court of the State of New York · 1913