Mann v. Morewood
The Superior Court of New York City
This was an appeal from a judgment entered at special term, upon the report of a referee, dismissing the complaint, with costs. The following were the pleadings in the case. The plaintiff, Donald Mann, complains :— 1st. That the defendants do now, and have for a long time, composed a firm, as partners, doing business in the city of New York, under the name and style of Geo. B. Morewood & Co. 2d.
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This was an appeal from a judgment entered at special term, upon the report of a referee, dismissing the complaint, with costs. The following were the pleadings in the case. The plaintiff, Donald Mann, complains :— 1st. That the defendants do now, and have for a long time, composed a firm, as partners, doing business in the city of New York, under the name and style of Geo. B. Morewood & Co. 2d. That one Henry O’Rielly had large dealings with said' defendants prior and up to the 26th day of September, 1850, during which period the said defendants furnished telegraph wire for said O’Rielly,…
1Opinion of the Court
. By the Court.
Duer, J.
Although in compliance with the wishes of the plaintiff’s counsel, we reserved this case for further consideration, our conviction, as expressed upon the argument, is unchanged—that the referee, had he refused to dismiss the complaint, would have committed a grave error, which we should have felt it our duty to correct. There was an entire failure of the proof that the plaintiff was bound to give.
A complaint must, in all cases, be so framed and expressed as to convey to the mind of the defendant full information of the facts which are relied on as the ground of the…
2Cited by1 opinion
- Batterson v. Chicago & Grand Trunk Railway Co.Michigan Supreme Court · 1882