Bird v. Post
124 A.D. 902
N.Y. App. Div.
1908
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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.