Public-domain · open source
OpenJurist

117 A.D. 836

Carlson v. Albert

Appellate Division of the Supreme Court of the State of New York · decided 1907-03-01

■ Appeal by the. defendant, Jacob Albert, from an order of the County .Court of Kings county, entered in the office of the clerk of the county of Kings, on the 26th day of January, 1901, denying the defendant’s motion to compel the plaintiff to separately state and number'the two causes of action set forth in the complaint.

Relies on Perry v. . Dickerson

Decided 1907-03-01

Gaynor, J.:

¶1The complaint contains two causes of action, viz., one for the amount due tó the plaintiff on his contract of service for a year at the time of its breach by his discharge by the defendant, and the other for the damages caused by the breach. They are not one *837cause of. action; the test is that a recovery on one of them would not bar an action on the other (Perry v. Dickerson, 85 N. Y. 345). The order should be reversed and the motion granted.

¶2Woodward, Jenics and Bioh, JJ., concurred.

¶3Order of. the County Court of Kings county reversed, with ten dollars costs and disbursements, and motion granted, with costs.

/117/ad/836 · .json · Public domain