Townley v. Import Chemical Co. — 158 N.Y.S. 1133

Majority

p. 1133

Alfred H. TOWNLEY, as receiver, etc., Respondent, v. IMPORT CHEMICAL COMPANY and Edward C. Riebe, impleaded, etc., Appellants.

(Supreme Court, Appellate Division, First Department.

May 5, 1916.)

Headnote

Appeal from Special Term, New York County. Action by Alfred H. Townley, as receiver, etc., against the Import Chemical Company and Edward C. Riebe, impleaded, etc. From an order denying a motion to separately state and number the causes of action in amended complaint, defendants appeal.

Affirmed.

Upon the complaint as framed, we are satisfied that there is but one cause of action attempted to be set forth. Upon the question whether there is a cause of action which would withstand demurrer, we express no opinion. See In re Bouker Contracting Co. v. Callahan Contracting Co., 92 Misc. Rep. 241 , 155 N. Y. Supp. 543 , affirmed by this court on opinion of Lehman, J., at appellate Term, Jan. 14, 1916, 156 N. Y. Supp. 1116 . The order appealed from is therefore affirmed, with $10 costs and disbursements. Order filed.

Cases cited

Bouker Contracting Co. v. W. H. Callahan Contracting Co. 92 Misc. Rep. 241 N.Y. App. Term 1915-11-11 p. 1133