S. Landow & Co. v. Gurian
Supreme Court of Connecticut
Action upon the common counts^ for which a substituted complaint was filed, which the trial court, Case, J., refused to strike out, to recover one half the cost of a carload of peaches and of other fruit purchased for the defendants by the plaintiff, brought to and tried by the Superior Court, Curtis, J.; facts found and judgment rendered for the plaintiff for $517, and appeal by the defendants.
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Action upon the common counts^ for which a substituted complaint was filed, which the trial court, Case, J., refused to strike out, to recover one half the cost of a carload of peaches and of other fruit purchased for the defendants by the plaintiff, brought to and tried by the Superior Court, Curtis, J.; facts found and judgment rendered for the plaintiff for $517, and appeal by the defendants. During June and July, 1917, the plaintiff and defendants were each merchants engaged in buying and selling fruit at wholesale in New Haven, with places of business on the same street and on the same…
1Opinion of the CourtRoraback, J.
The plaintiff commenced its action upon the common counts, so called, and subsequently it filed a substituted complaint consisting of two counts. The defendants now contend that the Superior Court erred in denying their motion to strike out the first count of the substituted complaint. This pleading contains a detailed statement of facts, set forth in fifteen different paragraphs, one of which avers that the plaintiff was compelled to lay out and expend for the defendants, over and above what it received, $440.40. In testing the sufficiency of this part of the plaintiff’s substituted…
2Cases cited5 opinions
- Dunnett v. ThorntonSupreme Court of Connecticut · 1900
- Reed v. HolcombSupreme Court of Connecticut · 1863
- Jacobson v. HendricksSupreme Court of Connecticut · 1910
- McCormick v. BoylanSupreme Court of Connecticut · 1910
- Kelsey v. PunderfordSupreme Court of Connecticut · 1903
3Cited by3 opinions
- Danby v. Osteopathic Hospital Ass'n of DelawareCourt of Chancery of Delaware · 1953
- Danby v. Osteopathic Hospital Ass'nCourt of Chancery of Delaware · 1953
- Dung v. Ah New ChunHawaii Supreme Court · 1940