Gould v. McLaughlin
New York Supreme Court
Action by Kathrine C. Gould against Trank A. McLaughlin. On motion to compel plaintiff to make the amended complaint more definite and certain.
1Opinion of the CourtGiegerich, J.
The amended complaint alleges that the agent of the defendant, while in the course of his employment and while engaged in serving the summons, as a means and for the purpose of effecting that' service, “and being encouraged, aided and abetted by the defendant,” committed the assault for which damages are sought. This motion is brought to compel the plaintiff to make more definite and certain the allegation contained in the words quoted above.
If the defendant is entitled to any- relief, he has mistaken his remédy. Neither the precise meaning nor the application of the words in question is in…
2Cases cited3 opinions
- Dumar v. Witherbee, Sherman & Co.Appellate Division of the Supreme Court of the State of New York · 1903
- Kavanaugh v. Commonwealth Trust Co.New York Supreme Court · 1904
- Dumar v. Witherbee, Sherman & Co.Appellate Division of the Supreme Court of the State of New York · 1903