Hugh Conaughty, Respondent v. Lemuel Nichols and Finch J. Van Zandt, Appellants

Summary

The New York Court of Appeals affirmed the judgment for the plaintiff, holding that a complaint may contain an unnecessary tort allegation without barring recovery on a contract claim. Under the liberal pleading system of the Code, the presence of a conversion allegation does not defeat a cause of action founded on contract when the factual allegations support that claim.