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Warriner v. Hocking Valley Railway Co.

158 N.Y.S. 1134 Court N.Y. App. Div. Decision date 1916-05-05 English

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p. 1134
Arthur WARRINER, Respondent, v. The HOCKING VALLEY RAILWAY CO., Appellant.
(Supreme Court, Appellate Division, First Department.
May 5, 1916.)

Headnote

Appeal from Special Term, New York County. Action by Arthur Warriner against the Hocking Valley Railway Company. From an order denying its motion to make the complaint more definite and certain, defendant appeals.
Modified and affirmed.

The order appealed from should ,be modified, by granting the motion to the extent of requiring the plaintiff to state separately the cause of action upon each bond sued upon in the first cause of action as stated in the complaint, and also to state separately the causes of action upon the guaranties specified in the second cause of action as stated in the complaint, and as so modified affirmed without costs. Settle order on notice.