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Ullman v. Cammann

60 N.Y.S. 1150 Court N.Y. App. Div. Decision date 1899-10-20 English

Contents

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p. 1150
ULLMAN, Respondent, v. CAMMANN et al., Appellants.
(Supreme Court, Appellate Division, Second Department.
October 20, 1899.)

Headnote

Action by James S. Ullman against Henry J. Cammann and others.

We are inclined to the opinion that the cause of action to set aside the release can be joined with one to try the validity of the will. However this may be, the question should not be determined on a summary application to strike out the allegations of the plaintiff’s complaint in this respect. If he has improperly joined two causes of action, the defendants’ remedy is by demurrer. Order affirmed, with $10 costs and disbursements.