Mussina v. Clark
New York Supreme Court
Motion to strike out complaint as scandalous, or to strike out portions of it as scandalous, irrelevant, and redundant, and to make it more definite and certain. This action was brought by Simon Mussina and Jacob Mussina .against Lot C. Clark and Alfred DeGroot, counsellors of the court, to recover $100,000 damages for an alleged conspiracy to delay and. defeat the plaintiffs in an action brought by. the present plaintiffs against Stillman.
Read the full summary
Motion to strike out complaint as scandalous, or to strike out portions of it as scandalous, irrelevant, and redundant, and to make it more definite and certain. This action was brought by Simon Mussina and Jacob Mussina .against Lot C. Clark and Alfred DeGroot, counsellors of the court, to recover $100,000 damages for an alleged conspiracy to delay and. defeat the plaintiffs in an action brought by. the present plaintiffs against Stillman. Belden & Ailing, the present defendants have been in that action the attorneys for the defendants. That action was pending’several years, and resulted in…
1Opinion of the CourtIngraham, J.
In an action for a conspiracy, it is very difficult to limit the extent to which the plaintiff may go in his complaint, in setting out the fraudulent acts complained of. *193The rule has been to allow a great latitude in setting out in the complaint the particular acts relied upon, from which the conspiracy is to be inferred, even so far as to allow the individual acts of the conspirators to be averred. This rule was distinctly stated by Oakley, J., in Tappan a. Powers (2 Hall, 277). He says: “ It cannot be doubted that if the declaration had averred that all the defendants used -the fraudulent…
2Cases cited3 opinions
- Tappan v. PowersThe Superior Court of New York City · 1829
- Carpenter & Wilcox v. West & Van BenthuysenNew York Supreme Court · 1850
- Williams v. HayesNew York Supreme Court · 1851
3Cited by1 opinion
- People ex rel. Allen v. MurrayThe Superior Court of the City of New York and Buffalo · 1892