New York Supreme Court October 15, 1887 (Benham v. Emery)

Barker, J.:

IJpon the trial the plaintiff made several offers of evidence all of which were overruled and an exception taken, and thereupon the plaintiff was non-suited for want of proof in support of his alleged cause of action. What was the cause of action set forth in the complaint ? It alleged three separate and distinct causes of action, and they are separately stated and numbered: First.