Stillwell v. Hernandez
New York Court of Common Pleas
Appeal by the defendant from an order of this court, made at special term by Judge Vas Bettett, denying a motion for a bill of particulars of the plaintiff’s claim. The action was brought by the plaintiff to recover sixty thousand dollars for alleged services as an attorney-and'counsellor-at-law. The complaint alleged that the plaintiff was an attorney and counsellor at law, and the defendant a niitive of Cuba, now residing in the city of New York.
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Appeal by the defendant from an order of this court, made at special term by Judge Vas Bettett, denying a motion for a bill of particulars of the plaintiff’s claim. The action was brought by the plaintiff to recover sixty thousand dollars for alleged services as an attorney-and'counsellor-at-law. The complaint alleged that the plaintiff was an attorney and counsellor at law, and the defendant a niitive of Cuba, now residing in the city of New York. That in 1870 the property of the defendant in the island of Cuba, having been embargoed by the Spanish Government, for his-alleged complicity in…
1Opinion of the CourtLarremore, J.
This is an appeal from an order denying a motion on defendant’s behalf for a hill of particulars of *488plaintiff’s claim. The complaint sets forth some preliminary facts by way of inducement to, and explanatory of, the agreement, viz.: Defendant’s representations that certain property owned by him in the city of Matanzas, island of Cuba, would produce a certain rental value and profit, that the Spanish Government had embargoed the property, and that he was desirous to have the same released, etc. Then follow averments setting forth a special contract as to plaintiff’s services and compensation…
2Cases cited2 opinions
- Orvis v. JenningsNew York Court of Common Pleas · 1876
- Ives v. ShawNew York Supreme Court · 1865
3Cited by2 opinions
- Davis v. JohnsonSupreme Court of Minnesota · 1905
- Block v. FiskNew York Supreme Court · 1941