Scheftel v. Virginia Hot Springs

Appellate Division of the Supreme Court of New York

Scheftel v. Virginia Hot Springs

71 A.D. 616

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

DecidedApril 15, 1902

StatusPublished

This text of 71 A.D. 616 (Scheftel v. Virginia Hot Springs) 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

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

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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.

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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.

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Bluebook (online)

71 A.D. 616, Counsel Stack Legal Research, https://law.counselstack.com/opinion/scheftel-v-virginia-hot-springs-nyappdiv-1902.