Ehde v. H. C. Barber Co.

Appellate Division of the Supreme Court of New York

Ehde v. H. C. Barber Co.

251 A.D. 792, 297 N.Y.S. 276, 1937 N.Y. App. Div. LEXIS 7558

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMay 26, 1937

StatusPublished

This text of 251 A.D. 792 (Ehde v. H. C. Barber Co.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ehde v. H. C. Barber Co., 251 A.D. 792, 297 N.Y.S. 276, 1937 N.Y. App. Div. LEXIS 7558 (N.Y. Ct. App. 1937).

Pincite

Opinion

Order reversed, with ten dollars costs and disbursements and motion denied, with ten dollars costs. Memorandum: There is but one cause of [793]*793action 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.) Present — Sears, P. J., Edgcomb, Crosby, Lewis and Taylor, J J.

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Order reversed, with ten dollars costs and disbursements and motion denied, with ten dollars costs. Memorandum: There is but one cause of [793]*793action 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.) Present — Sears, P. J., Edgcomb, Crosby, Lewis and Taylor, J J.

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Bluebook (online)

251 A.D. 792, 297 N.Y.S. 276, 1937 N.Y. App. Div. LEXIS 7558, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ehde-v-h-c-barber-co-nyappdiv-1937.