John Thallon & Co. v. Edsil Trading Corp.

Appellate Division of the Supreme Court of New York

John Thallon & Co. v. Edsil Trading Corp.

272 A.D.2d 1012

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

DecidedOctober 31, 1947

StatusPublished

This text of 272 A.D.2d 1012 (John Thallon & Co. v. Edsil Trading Corp.) 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

John Thallon & Co. v. Edsil Trading Corp., 272 A.D.2d 1012 (N.Y. Ct. App. 1947).

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Opinion

While matter alleged in paragraphs third, fourth and thirteenth of the complaint might become admissible in evidence at the trial, it is not an essential part of the cause of action pleaded in the complaint and should not become issues by incorporation in the pleadings. The order appealed from, insofar as it denies the motion to strike said paragraphs, is unanimously reversed, with $20 costs and disbursements to the appellant, and the motion to strike said paragraphs granted. Settle order on notice. Present — Peck, P. J., Glennon, Dore, Cohn and Callahan, JJ.

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While matter alleged in paragraphs third, fourth and thirteenth of the complaint might become admissible in evidence at the trial, it is not an essential part of the cause of action pleaded in the complaint and should not become issues by incorporation in the pleadings. The order appealed from, insofar as it denies the motion to strike said paragraphs, is unanimously reversed, with $20 costs and disbursements to the appellant, and the motion to strike said paragraphs granted. Settle order on notice. Present — Peck, P. J., Glennon, Dore, Cohn and Callahan, JJ.

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Bluebook (online)

272 A.D.2d 1012, Counsel Stack Legal Research, https://law.counselstack.com/opinion/john-thallon-co-v-edsil-trading-corp-nyappdiv-1947.