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Boyer v. Boyer

114 N.Y.S. 1120 Court N.Y. App. Div. Decision date 1908-12-30 English

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p. 1120
BOYER, Respondent, v. BOYER, Appellant.
(Supreme Court, Appellate Division, Second Department.
December 30, 1908.)

Headnote

Action by Catharine L. Boyer against Frank W. Boyer.

We think this verdict was against the weight of evidence, that the plaintiff had but a single cause of action for the alleged tort, that it could not be split up into several claims, and that the judgment in the Municipal Court action was well pleaded in abatement of this suit. Judgment and order reversed and new trial granted; costs to abide .the event.