Barnes v. Henshaw
New York Supreme Court
Error from the superior court of the city of. New York. C. I. Henshaw sued S. D. & ft. Barnes in the court below in an action of assumpsit.
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Error from the superior court of the city of. New York. C. I. Henshaw sued S. D. & ft. Barnes in the court below in an action of assumpsit. The declaration contained the money counts only, but the plaintiff had furnished a bill of particulars, which, after stating the title of the cause, Was in these words : “ 1834. June 16. Cash lent and advanced to defendants at their, request $225. 1834. Dec’r 19. Cash paid for defendants, and at their request, to the Brooklyn Bank, Long- Island, $225. 1834. Dec’r 19. Cash paid to take upthe plaintiff’s accommodation note, lent to; defendants, dated…
1Opinion of the Court
By the Court,
Cowen, J.
The bill of particulars told the defendants that the plaintiff claimed the money paid on the note of the 16th June, 1834. It calls the note by mistake an accommodation note ; but date and parties are given, and place where and time when the' money was paid. No variance in these respects was pretended. It was sufficient fairly to apprize the defendants that the plaintiff claimed to have the money he had paid on this note refunded, and the sum is truly stated at $225. That was enough, I apprehend, under the circumstances, especially in connection with the notice which had…
2Cases cited1 opinion
- Goodrich v. JamesNew York Supreme Court · 1828
3Cited by6 opinions
- Crouse v. PetersonCalifornia Supreme Court · 1900
- Morgan v. ButterfieldMichigan Supreme Court · 1855
- Woolworth v. RootU.S. Circuit Court for the District of Nebraska · 1889
- Green v. AldenSupreme Judicial Court of Maine · 1898
- Faller v. RangerNew York Supreme Court · 1904
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