Murphy v. Mitchell
District Court, N.D. New York
At Law. Action by Mary T. Murphy against John Clark Mitchell. On application to require plaintiff to make her complaint more definite and certain.
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At Law. Action by Mary T. Murphy against John Clark Mitchell. On application to require plaintiff to make her complaint more definite and certain. Application on order to show cause for an order directing the plaintiff to replead and make her complaint more definite and certain, by stating clearly and definitely, or so pleading as to show definitely and certainly whether this is an action at law or one in equity, and whether plaintiff demands or intends to demand relief in equity on the ground defendant has obtained money which equitably belongs to and should be paid to the plaintiff as…
1Opinion of the CourtRay, District Judge
(after stating the facts as above). The plaintiff in her brief filed on this motion by her attorney says:
“The action is one at law to recover for deceit. The complaint alleges, among other things, false representations made to the plaintiff, through and by means of which she was induced to sign waivers and a receipt in full for her interest in the estate. The things necessary to be pleaded in an action for deceit are: (1) Representations. (2) Falsity. (3) Scienter on the part of the defendant (4) Reliance. (5) Damage.
“Under all the cases, a complaint that sets out these several facts sets out…
2Cases cited1 opinion
- Brackett v. . GriswoldNew York Court of Appeals · 1889
3Cited by3 opinions
- Morton v. PetittOhio Supreme Court · 1931
- Elias v. WrightCourt of Appeals for the Second Circuit · 1921
- Petitt v. MortonOhio Court of Appeals · 1930