People ex rel. Waring v. Monroe C. P.
New York Supreme Court
Motion for a mandamus. The relator was sued in the Monroe C. P. The declaration contained counts on a promissory note, and for work, labor and services by the plaintiffs as physicians and surgeons, and the common money counts. A bill of particulars was delivered, containing sundry charges for visits, medical attendance and medicine, but did not specify the note declared on.
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Motion for a mandamus. The relator was sued in the Monroe C. P. The declaration contained counts on a promissory note, and for work, labor and services by the plaintiffs as physicians and surgeons, and the common money counts. A bill of particulars was delivered, containing sundry charges for visits, medical attendance and medicine, but did not specify the note declared on. The cause was referred, and the referees received in evidence the note, though objected to by the defendant. They also allowed charges for visits and attendance of a student of the plaintiffs', which were also objected to…
1Opinion of the Court
By the Court,
Savage, Ch. J.
The note was properly received in evidence, although not specified in the bill of particulars. The use of a bill of particulars is to apprise a party of the specific demands of his adversary when the pleadings are general and leave uncertain what is particularly demanded either in a declaration of notice of set off; and has no application whatever when the demand is specifically set forth in the- pleadings: The charges for the services of the student of the plaintiffs, who were physicians and sur*201geons, were proper. The statute prohibiting the recovery of fees by…
2Cited by12 opinions
- Auzerais v. NagleeCalifornia Supreme Court · 1887
- Clarke v. Ohio River R.West Virginia Supreme Court · 1894
- Vila v. WestonSupreme Court of Connecticut · 1865
- Wiggins v. GuthrieSupreme Court of North Carolina · 1888
- Freehling v. KetchumMichigan Supreme Court · 1878
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