
    Henry Van Allen, Plaintiff, v. Frederick W. Dunton et al., Defendants.
    (Supreme Court, Queens Special Term,
    July, 1898.)
    Taxpayer’s action to set aside gas contract — Complaint —Demurrer.
    
      Semble, that where a taxpayer sues 'to set aside, upon the ground of fraud and illegality, a gaslighting contract entered into between officials and a corporation, it is erroneous for the complaint to set up each instance of illegality or fraud as an independent cause of action. Where the pleader has made such a separation, an allegation that the meeting of the officials, at the hearing upon the petition to establish the gas district, was not held within that district, is insufficient and demurrable as such.
    Suit in equity by a taxpayer to have the contract entered into between the defendant officials and the defendant company annulled for alleged illegalities and frauds.
    B. J. Humphrey, for plaintiff.
    H. A. Monfort, for defendants.
   Gaynor J.

■ This is a suit in equity by a taxpayer to have the contract entered into between the defendant officials and the defendant company annulled for alleged illegalities and frauds. There is but one cause of action in law and in fact, but the complaint strangely separates and sets out each specification of alleged illegality or fraud as an independent cause of action. The fifth, which is that the meeting of the defendant officials at the hearing upon the petition for the establishing of the gas district for the lighting of which the Contract was made was not held within such district, is demurred to for insufficiency. It is difficult to deal with such crude and unscientific pleading, but inasmuch as the matter is set up as a separate cause -of action, and insisted upon by the plaintiff’s attorney as such, and the defendants’ attorney has taken him at his word, the court does likewise.

The fact stated is insufficient, and the demurrer is sustained, with costs.

Demurrer sustained, with costs.  