Bird v. Post

Appellate Division of the Supreme Court of New York

Bird v. Post

124 A.D. 902

Appellate Division of the Supreme Court of the State of New York·Decided January 15, 1908·Published·Cited by 1 cases

Opinion

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.

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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.

Bird v. Post, 124 A.D. 902 (N.Y. Ct. App. 1908).

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Opinion

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