¶1The plaintiff cannot split up the action in this way. The first rule of May term, 1840, only applies to casés where it appears that the whole action is on one or more written instruments or records.
¶2Motion granted.
1 Hill & Den. 372
Carr v. Richardson
Decided June 15, 1841
New York Supreme Court · decided 1841-06-15
Verifying pleas. The declaration contained two special counts on a promissory note, and the common money counts. A copy of the note was served with the declaration, but without a notice that the note was the .only cause - of action on which the plaintiff relied.
Decided 1841-06-15