Arrow Steamship Co. v. Bennett
New York Supreme Court
Action by the Arrow Steamship Company against James Gordon Bennett. An interlocutory judgment was entered overruling a demurrer which had been interposed on the ground that the complaint did not state facts sufficient to constitute a cause of action, and defendant appealed. Plaintiff moves for an order requiring defendant to include in the judgment roll a bill of particulars which had been served by plaintiff.
1Opinion of the CourtIngraham, J.
By section 481 of the Code it is provided that the complaint must contain the title of the action, the name of the court in which it is to be brought, the name of the county which the plaintiff designates as the place of the trial of the action, and a plain and concise statement of the facts constituting such cause of action, and a demand for the judgment to which the plaintiff supposes himself to be entitled; and it is to this complaint that the defendant demurs. If the complaint is not definite, the defendant has the right to move to make it more definite and certain; but when the complaint…
2Cited by4 opinions
- Dennin v. PowersNew York Supreme Court · 1916
- Hoey v. KilduffAppellate Terms of the Supreme Court of New York · 1910
- Samuelson v. MayerAppellate Terms of the Supreme Court of New York · 1909
- Spies v. MichelsenNew York Supreme Court · 1896