Babcock v. Thompson
Massachusetts Supreme Judicial Court
Assumpsit for money had and received. The following bill of particulars was filed. “ The plaintiff, as administrator &c. of Warner Clafien, &c., claims to recover of Thompson the following sums of money and credits received and had of said Warner Claflen m December A. D. 1820, to wit:— One $1,000 bankbill, bank not recollected . . . 1,000 Two $500 bills of Union Bank......1,000 Two checks upon Boston banks amounting to . . 250 Bankbills current in this commonwealth amounting…
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Assumpsit for money had and received. The following bill of particulars was filed. “ The plaintiff, as administrator &c. of Warner Clafien, &c., claims to recover of Thompson the following sums of money and credits received and had of said Warner Claflen m December A. D. 1820, to wit:— One $1,000 bankbill, bank not recollected . . . 1,000 Two $500 bills of Union Bank......1,000 Two checks upon Boston banks amounting to . . 250 Bankbills current in this commonwealth amounting to 500 The above is all the specification, and as particular as can be given by me. A. Moore, attorney for Babcock.”…
1Opinion of the Court
Parker C. J.
delivered the opinion of the Court, to the following effect. The ground' of this action was money lost at gaming, and by foul play. It was objected at the trial, that the plaintiff’s particular could not lead the defendant to think this to be the ground, and the judge supposed the plaintiff was going to amend. That, however, was not done, and the question now is, whether the particular was sufficient, and whether the nonsuit was rightly ordered.
We consider the objection to be well founded. A particular should give as much information as a special declaration, though without the…
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- Tavares v. CommissionerUnited States Tax Court · 1959
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