Appellate Division of the Supreme Court of New York, 1908

Bird v. Post

Bird v. Post
Appellate Division of the Supreme Court of New York · Decided January 15, 1908 · Kelly
124 A.D. 902
Bird v. Post

Opinion of the Court

The following is the opinion delivered at Special Term":

Kelly, J.:

Whatever may be my own views as to the sufficiency of the complaint, the demurrers must be sustained on the authority of Green v. Davies (182 N. Y. 499). Under that decision the alleged conspiracy creates no cause of action and the overt acts pleaded as the result of the conspiracy constitute separate -torts which cannot be united-in one complaint. Demurrers sustained, with costs.

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