Smith v. Brown
New York Supreme Court
Motion by Plaintiff for reference.—This was an action of assumpsit, commenced by declaration, with a copy of a promissory note annexed, and notice that it was the plaintiff’s only cause of action, and his bill of particulars in the cause. Defendant pleaded the general issue and gave notice of set-off generally.
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Motion by Plaintiff for reference.—This was an action of assumpsit, commenced by declaration, with a copy of a promissory note annexed, and notice that it was the plaintiff’s only cause of action, and his bill of particulars in the cause. Defendant pleaded the general issue and gave notice of set-off generally. Defendant’s attorneys served a bill of particulars, as follows: 1846, May 16. To cash paid by Defendant to Bensselaer County Mutual Insurance Company, for Plaintiff, for assessment declared June 19,1845, on his premium note, $74 62, to said company, policy Ho. 1516, of said Company,…
1Opinion of the Court
Jewett, Justice.
Decided that the bill of particulars did not show a sufficient account for reference.
Motion denied with costs
2Cited by2 opinions
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