Smith v. Douglass

Decided August 15, 1862

New York Court of Common Pleas · decided 1862-08-15

Motion to compel the plaintiff to elect between the several counts of his complaint. This action was brought by William E. Smith against Benjamin Douglass and Robert G. Dun, to recover the sum of $10,000. The complaint, by way of preamble, set out an agreement in writing, by which the defendants employed the plaintiff as clerk for the term of five years from the 15th day of April, 1857, at a salary of $600 for the first year, with an increase of $100 for each year succeeding.

Cited by 1 later decisions — most recently January 1890

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1862-08-15

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Hilton, J.

¶1Although I think it quite probable that the plain*271tiff, at the trial, will present but one cause of action, yet, I do not perceive that because of that probability I would be justified in striking out several distinct causes which are properly alleged in his complaint.

¶2It seems to me, that granting the present motion would be in effect determining before trial, and upon mere suspicion, that the plaintiff has not certain causes of action against the defendant, notwithstanding those causes have been averred in the forms recognized as sufficient in pleading.

¶3Motion denied. Costs to abide event. a