Bird v. Post

Full title: HOBART S. BIRD, Appellant, v . REGIS H. POST and Others, Respondents…

Court: Appellate Division of the Supreme Court of New York, Second Department

Date published: Jan 1, 1908

124 App. Div. 902 (N.Y. App. Div. 1908)

Opinion

January, 1908.

Interlocutory judgment affirmed on the opinion of Mr. Justice Kelly at Special Term, with costs. Jenks, Hooker, Gaynor, Rich and Miller, JJ., concurred.

The following is the opinion delivered at Special Term:

KELLY, J.:

Whatever may be my own views as to the sufficiency of the complaint, the demurrers must be sustained on the authority of Green v. Davies ( 182 N.Y. 499). Under that decision the alleged conspiracy creates no cause of action and the overt acts pleaded as the result of the conspiracy constitute separate torts which cannot be united in one complaint. Demurrers sustained, with costs.