5 Hill & Den. 512
Decided August 15, 1843
New York Supreme Court · decided 1843-08-15
<p>Where a declaration in trover for divers bank notes and checks contained ISO counts and more than 10,000 folios, all the counts being alike except as to the time of the several conversions, and the plaintiff swore that he expected to prove ' as many distinct acts of conversion as there were counts; held, that the court would not order any of the counts stricken out, especially as the suit was com- • menced since the new fee bill of 1840. ,</p> <p>Semblej that in trover the plaintiff cannot give in evidence more than a single' act of conversion under any one count in the declaration.</p>
Decided 1843-08-15
¶1It is very questionable whether the plaintiffs can give in evidence more than one distinct act of conversion under any one count in the declaration. But however that may be, as the plaintiffs have not inserted more counts than they expect to prove separate causes of action, and as the costs of the declaration are no longer charged by the folio, (Sess. Laws of 1840, p. 328,) the defendant has no ground for complaint
¶2Motion denied.