Appellate Division of the Supreme Court of New York, 1914

Glendening v. Western Union Telegraph Co.

Glendening v. Western Union Telegraph Co.
Appellate Division of the Supreme Court of New York · Decided December 4, 1914
150 N.Y.S. 1088 (New York Supplement)

Counsel

Albert T. Benedict, of New York City, for appellant., George Gordon Battle, of New York City, for respondent.

Glendening v. Western Union Telegraph Co.

Opinion of the Court

PER CURIAM.

Accepting the contention of the plaintiff that he attempted to and did set out but one cause of action in his complaint, paragraphs 8, 9, all but the first six lines of paragraph 19, and paragraph 22 are irrelevant and redundant to said cause of action so claimed to be alleged. The order appealed from should therefore be modified, by providing that the matter indicated should be stricken from the complaint, and, as so modified, affirmed, without costs to either party.

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