Donovan v. Cunard Steamship Co.

Appellate Terms of the Supreme Court of New York

Donovan v. Cunard Steamship Co.

85 N.Y.S. 1113

Appellate Terms of the Supreme Court of New York·Decided January 7, 1904·Published

Opinion

PER CURIAM.

As the appeals from the orders in each of the above-entitled actions raise the identical question, they will be considered together.

The allegations in the second paragraph referring to one Quinn are of such vague, uncertain, and indefinite character that the court below properly granted defendant’s motion under section 546 of the Code of Civil Procedure. As the plaintiff had an opportunity to make the allegations more definite, he is not now in a position to complain of the provision of the order striking out the paragraph in default of his failure to comply therewith.

The orders are affirmed, with $10 costs and disbursements.

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PER CURIAM.

As the appeals from the orders in each of the above-entitled actions raise the identical question, they will be considered together.

The allegations in the second paragraph referring to one Quinn are of such vague, uncertain, and indefinite character that the court below properly granted defendant’s motion under section 546 of the Code of Civil Procedure. As the plaintiff had an opportunity to make the allegations more definite, he is not now in a position to complain of the provision of the order striking out the paragraph in default of his failure to comply therewith.

The orders are affirmed, with $10 costs and disbursements.

Donovan v. Cunard Steamship Co., 85 N.Y.S. 1113 (N.Y. Ct. App. 1904).

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85 N.Y.S. 1113 (Donovan v. Cunard Steamship Co.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.