Scheftel v. Virginia Hot Springs

Appellate Division of the Supreme Court of New York

Scheftel v. Virginia Hot Springs

71 A.D. 616

Appellate Division of the Supreme Court of the State of New York·Decided April 15, 1902·Published

Opinion

Present— Van Brunt, P. J., O’Brien, McLaughlin, Hatch and Laughlin, JJ.; Hatch and Laughlin, JJ., dissenting. The following is the opinion of Dugro, J., delivered at Special Term:

Dugro, J.:

The plaintiff concedes that in such a case as his a cause of action may be based upon contract or tort, and defendant claims that it is uncertain whether plaintiff claims upon either or both. Plaintiff states that-he claims upon tort. It seems to me, in view of the words used by the plaintiff in stating his cause of action, that he should make his complaint definite by alleging therein which he states in his brief, i. e., that his that action is upon tort. Motion, so far as it is to obtain this relief, granted. Order to be settled on notice.

Free access — add to your briefcase to read the full text and ask questions with AI

Present— Van Brunt, P. J., O’Brien, McLaughlin, Hatch and Laughlin, JJ.; Hatch and Laughlin, JJ., dissenting. The following is the opinion of Dugro, J., delivered at Special Term:

Dugro, J.:

The plaintiff concedes that in such a case as his a cause of action may be based upon contract or tort, and defendant claims that it is uncertain whether plaintiff claims upon either or both. Plaintiff states that-he claims upon tort. It seems to me, in view of the words used by the plaintiff in stating his cause of action, that he should make his complaint definite by alleging therein which he states in his brief, i. e., that his that action is upon tort. Motion, so far as it is to obtain this relief, granted. Order to be settled on notice.

Scheftel v. Virginia Hot Springs, 71 A.D. 616 (N.Y. Ct. App. 1902).

Pincite

71 A.D. 616 (Scheftel v. Virginia Hot Springs) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.