Caverly v. McOwen
Massachusetts Supreme Judicial Court
Contract on an account annexed for services rendered and disbursements made by the plaintiff as an attorney at law. The answer contained a general denial of “ each and every allegation and particular in. the plaintiff’s declaration and bill of particulars contained,” and alleged that “ if the plaintiff shall prove that he performed the services set out in his declaration and bill of particulars, or any part thereof, then the defendant will show that they were unskilfully and…
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Contract on an account annexed for services rendered and disbursements made by the plaintiff as an attorney at law. The answer contained a general denial of “ each and every allegation and particular in. the plaintiff’s declaration and bill of particulars contained,” and alleged that “ if the plaintiff shall prove that he performed the services set out in his declaration and bill of particulars, or any part thereof, then the defendant will show that they were unskilfully and negligently performed.” Trial in the Superior Court, before Colburn, J., who allowed a bill of exceptions in substance…
1Opinion of the CourtMorton, J.
The allegation in the defendant’s answer that “ if the plaintiff shall prove that he performed the services set out in his declaration and bill of particulars, or any part thereof, then the defendant will show that they were unskilfully and negligently performed,” is not a direct and positive allegation as required by the rules of pleading, and sets up no defence. Suit v. Woodhall, 116 Mass. 547. Jackman v. Doland, 116 Mass. 550.
But this is immaterial, because we are of opinion that it was competent for the defendant, under the general denial of “ each and every allegation and particular in…
2Cases cited3 opinions
- Suit v. WoodhallMassachusetts Supreme Judicial Court · 1875
- Davis v. TravisMassachusetts Supreme Judicial Court · 1867
- Jackman v. DolandMassachusetts Supreme Judicial Court · 1875
3Cited by23 opinions
- Fishman v. BrooksMassachusetts Supreme Judicial Court · 1986
- Colucci v. Rosen, Goldberg, Slavet, Levenson & Wekstein, P.C.Massachusetts Appeals Court · 1987
- Glidden v. TerranovaMassachusetts Appeals Court · 1981
- Daly v. LiningerSupreme Court of Colorado · 1930
- Grandchamp v. CostelloMassachusetts Supreme Judicial Court · 1935
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