Hoggson & Pettis Manufacturing Co. v. Sears
Supreme Court of Connecticut
Action upon the so-called common counts, brought to the Court of Common Pleas in New Haven County and tried to the court, Hubbard, J.; judgment for plaintiff, and appeal by defendant. The original complaint contained all the common counts except those for an account stated, money had and received by the defendant for the use of the plaintiff, and for the use and occupation of land.
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Action upon the so-called common counts, brought to the Court of Common Pleas in New Haven County and tried to the court, Hubbard, J.; judgment for plaintiff, and appeal by defendant. The original complaint contained all the common counts except those for an account stated, money had and received by the defendant for the use of the plaintiff, and for the use and occupation of land. The indebtedness alleged under each paragraph or count was $178.50. During the term to which the action was made returnable, the plaintiff filed the following bill of particulars :— “ C. M. Sears, To The Hoggson'&…
1Opinion of the CourtHall, J.
The trial court did not err in overruling the demurrer to the complaint and bill of particulars. That the form of complaint denominated the “ common counts,” in the rules under the Practice Act, is so far a sufficient complaint as not to be demurrable, after the plaintiff has filed a proper bill of particulars of the items of the claims described in the several common counts, is now a matter of statute. Section 627 of the General Statutes provides that such common counts may be used for the commencement of an action in all cases when any of the counts is a general statement of the cause of…
2Cases cited2 opinions
- Kelsey v. PunderfordSupreme Court of Connecticut · 1903
- Hatch v. BoucherSupreme Court of Connecticut · 1904
3Cited by7 opinions
- Hazlitt v. Fawcett Publications, Inc.District Court, D. Connecticut · 1953
- Samasko v. DavisSupreme Court of Connecticut · 1949
- New York, New Haven & Hartford Railroad v. CellaSupreme Court of Connecticut · 1914
- Stanley v. BeckhamCourt of Appeals for the Eighth Circuit · 1907
- Speyers v. ManchesterSupreme Court of Connecticut · 1945
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