Starkweather v. Kittle
New York Supreme Court
This was an action of assumpit, tried at the Washington circuit, in November, 1834, before the Hon Esek Cowen, then one of the circuit judges. The plaintiffs read in evidence a note given to them by the defendant for $93'53, bearing date 9th July, 1833, payable one day after date, and rested. A, son of the defendant proved that in March, 1834, by the direction of his father, he went to the office of Messrs.
Read the full summary
This was an action of assumpit, tried at the Washington circuit, in November, 1834, before the Hon Esek Cowen, then one of the circuit judges. The plaintiffs read in evidence a note given to them by the defendant for $93'53, bearing date 9th July, 1833, payable one day after date, and rested. A, son of the defendant proved that in March, 1834, by the direction of his father, he went to the office of Messrs. Ingalls & Powell, attorneys at law, in whose hands the note in question was, for the purpose of paying the same, and he then paid to Powell $10 in cash and a promissory note payable at a…
1Opinion of the Court
By the Court,
Bronson, J.
A bill of particulars is an amplification, or more particular specification of the matter set forth in the pleading. The declaration, plea or notice of set-off, may be so general in its terms that the opposite party will not be fully apprised of the demand which will be set up on the trial, and he is therefore permitted to call on his adversary to give a more detailed and particular statement of the claims on which [22] he intends to rely. When the bill is furnished, it is deemed a part of the declaration, plea, or notice to which it relates, and is construed in the…
2Cases cited2 opinions
- Jackson v. StetsonMassachusetts Supreme Judicial Court · 1818
- Brown v. LittlefieldNew York Supreme Court · 1831
3Cited by14 opinions
- Morrett v. Fire Ass'nSupreme Court of Pennsylvania · 1919
- George Campbell Co. v. George Angus & Co.Supreme Court of Virginia · 1895
- Morrisette v. WoodSupreme Court of Alabama · 1900
- Kreiss v. SeligmanNew York Supreme Court · 1850
- Wright v. SmithSupreme Court of Virginia · 1886
9 more not listed; retrieve them via the Exa API.