Kellogg v. Paine
New York Supreme Court
The action was brought to recover a balance of account claimed to be due to the plaintiff from the estate of John Paine, deceased.
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The action was brought to recover a balance of account claimed to be due to the plaintiff from the estate of John Paine, deceased. The answer alleges that the plaintiff is indebted to the estate u for the services of Mr. Paine, as attorney, solicitor, counsellor, and agent for plaintiff, and rendered at the request of the plaintiff, from the time of the decease of the plaintiff’s intestate to the day of the death of said Paine, and chargeable from year to year as commissions, or otherwise, and interest, on a sum greater than that claimed in the complaint, and the value of which services,…
1Opinion of the Court
Harris, Justice.
It is required of all parties pleading under the Code that they should set forth, with intelligible certainty and particularity, the facts upon which, at the trial, they will rely, to establish a cause of action or defence. When, however, the cause of action or matter of defence consists of an account, the particularity of statement required in other cases, is in the first instance dispensed with, and the pleader is allowed to allege his cause of action or ground of defence in general terms. But, when a party avails himself of this mode of pleading, he may subsequently be…
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- Eberhardt v. SchusterNew York Supreme Court · 1877
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