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of the said Statute of Limitations of the State of New Jersey.
OBJECTION IN POINT OF LAW.
The defendant hereby gives notice that at,
upon, or before the trial of this action, the defendant will
move to strike out the fifth and sixth counts of the complaint
herein on the ground that said counts, and each of them, do
not set forth a cause of action:
(a) because said counts attempt to set up a
cause of action for fraud and deceit which is not the subject
of a tort action under the circumstances of this case;
(b) because said counts attempt to set up a
cause of action for fraud and deceit causing personal injury,
which is not the subject of a tort action under the circum-
stances of this case;
(c) because the relation of the plaintiff,
Lucy M. Sullivan, and the defendant, set up in said counts of
the complaint, was that of master and servant, and said counts
attempt to set up a cause of action for fraud and deceit,
whereas said cause of action sounds in negligence;
(d) because said counts attempt to set up
a
cause of action for fraud and deceit for personal injury,
which is not a proper subject of an action for fraud and decei
(e) because said counts show no duty owed by
the defendant to the plaintiff, Lucy M. Sullivan;
(f) because said counts show no violation of
any duty owed by the defendant to the plaintiff, Lucy M.
Sullivan;
(g) because said counts show no injury from
any violation of any duty owed by the defendant to the
plaintiff, Lucy M. Sullivan.
COLLINS & CORBIN
Attorneys for Defendant.
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"ocrText": "of the said Statute of Limitations of the State of New Jersey.\nOBJECTION IN POINT OF LAW.\nThe defendant hereby gives notice that at,\nupon, or before the trial of this action, the defendant will\nmove to strike out the fifth and sixth counts of the complaint\nherein on the ground that said counts, and each of them, do\nnot set forth a cause of action:\n(a) because said counts attempt to set up a\ncause of action for fraud and deceit which is not the subject\nof a tort action under the circumstances of this case;\n(b) because said counts attempt to set up a\ncause of action for fraud and deceit causing personal injury,\nwhich is not the subject of a tort action under the circum-\nstances of this case;\n(c) because the relation of the plaintiff,\nLucy M. Sullivan, and the defendant, set up in said counts of\nthe complaint, was that of master and servant, and said counts\nattempt to set up a cause of action for fraud and deceit,\nwhereas said cause of action sounds in negligence;\n(d) because said counts attempt to set up\na\ncause of action for fraud and deceit for personal injury,\nwhich is not a proper subject of an action for fraud and decei\n(e) because said counts show no duty owed by\nthe defendant to the plaintiff, Lucy M. Sullivan;\n(f) because said counts show no violation of\nany duty owed by the defendant to the plaintiff, Lucy M.\nSullivan;\n(g) because said counts show no injury from\nany violation of any duty owed by the defendant to the\nplaintiff, Lucy M. Sullivan.\nCOLLINS & CORBIN\nAttorneys for Defendant."
}