O'Brien v. . Fitzgerald
150 N.Y. 572
NY
1896
Check Treatment

Judgment affirmed, with costs, on the opinion below, and the questions answered as follows:

1st. Whether the amended complaint in this action sets forth a cause of action in equity. Answer, no.

2d. Whether there has been an improper joinder of causes of action in the amended complaint herein. Answer, yes.

Concur — GRAY, O'BRIEN, BARTLETT and VANN, JJ.

Dissent — ANDREWS, Ch. J., HAIGHT and MARTIN, JJ.