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EHDE v. H.C. BARBER COMPANY, INCORPORATED

Appellate Division of the Supreme Court of New York, Fourth Department
May 26, 1937
251 App. Div. 792 (N.Y. App. Div. 1937)

Opinion

May 26, 1937.

Present — Sears, P.J., Edgcomb, Crosby, Lewis and Taylor, JJ.


Order reversed, with ten dollars costs and disbursements and motion denied, with ten dollars costs. Memorandum: There is but one cause of action alleged in the complaint. It does not matter what technical name be given to it. While the plaintiff has attempted to characterize his cause of action by giving it names, we are of the opinion that the names may be disregarded. Respondent's belief that two or more causes of action are pleaded is due in part at least to the prolixity and verbosity of the complaint, which contains a large amount of purely evidentiary matter. All concur. (The order directs plaintiff separately to state and number his causes of action in an automobile negligence action.)


Summaries of

EHDE v. H.C. BARBER COMPANY, INCORPORATED

Appellate Division of the Supreme Court of New York, Fourth Department
May 26, 1937
251 App. Div. 792 (N.Y. App. Div. 1937)
Case details for

EHDE v. H.C. BARBER COMPANY, INCORPORATED

Case Details

Full title:GEORGE C. EHDE, Appellant, v. H.C. BARBER COMPANY, INCORPORATED, Respondent

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

Date published: May 26, 1937

Citations

251 App. Div. 792 (N.Y. App. Div. 1937)