Hyperlawhypertext legal database Stewart v. F. W. Woolworth Co. 139 N.Y.S. 1146

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Stewart v. F. W. Woolworth Co.

139 N.Y.S. 1146 Court N.Y. App. Div. Decision date 1913-01-17 English

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p. 1146
STEWART, Respondent, v. F. W. WOOLWORTH CO. et al., Appellants.
(Supreme Court, Appellate Division, Second Department.
January 17, 1913.)

Headnote

Action by Susie T. Stewart against the F. ,W. Woolworth Company and another.

While it will be competent for the plaintiff to .prove the fact stated in the seventh subdivision of the complaint, upon the trial, it is improper to plead the evidence. The allegation is unnecessary and redundant, and the order must be reversed, with $10 costs and disbursements, and the motion granted, with costs.