Auerbach v. Barrett

Burr, J.:

The action is based upon two claims arising out of foreign exchange transactions. No written complaint was served, and the grounds of these two causes of action are contained in the plaintiff’s bill of particulars. In each case the judgment entered restored to the plaintiff the original consideration given by the plaintiff upon the transaction, with interest. Upon neither cause of action did the plaintiff offer any testimony to fix damages.

As to the first cause of action the bill of particulars sets forth:

“ 1. That heretofore and on or about the 4th day of September, 1917, this…