Allen v. . Patterson
New York Court of Appeals
Appeal from the general term of the Supreme Court, in the eighth district, where a judgment in favor of the plaintiffs, upon demurrer to the complaint, had been affirmed. This was an action for goods sold and delivered.
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Appeal from the general term of the Supreme Court, in the eighth district, where a judgment in favor of the plaintiffs, upon demurrer to the complaint, had been affirmed. This was an action for goods sold and delivered. The complaint was as follows: “The plaintiffs complain against the defendant, for that the defendant is indebted to the plaintiffs in the sum of three hundred and seventy-one dollars and one cent, for goods sold and delivered by the plaintiffs to the defendant, at his. request, on the first day of May 1849, at the city of Buffalo, in said county. And the- plaintiffs say, that…
1Opinion of the Court
*Jewett, J.
The code that a com- 478 ] plaint shall contain a plain and concise statement of the facts constituting the cause of action. (§ 142.) Every fact which the plaintiff must prove, to enable him to maintain his suit, and which the defendant has a right to controvert in his answer, must be distinctly averred or stated. The rule of pleading, in an action for a legal remedy, is the same as formerly, in this, that facts and not the evidence of facts must be pleaded. (1 Chitty Pl. 215; Read v. Brookman, 3 T. R. 159, per Buller, J.; Eno v. Woodworth, 4 N. Y. 249.)
The plaintiffs, in their…
2Cases cited3 opinions
- United States v. State Bank of NCSupreme Court of the United States · 1832
- Eno v. . WoodworthNew York Court of Appeals · 1850
- Beekman v. PlatnerNew York Supreme Court · 1853
3Cited by47 opinions
- Surace v. DannaNew York Court of Appeals · 1928
- Lent v. New York & Massachusetts Railway Co.New York Court of Appeals · 1892
- Grossman v. . SchenkerNew York Court of Appeals · 1912
- Pleasant v. SamuelsCalifornia Supreme Court · 1896
- Cook v. . WarrenNew York Court of Appeals · 1882
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