Cummings v. Gleason
Supreme Court of Connecticut
Action upon the common counts to recover the amount of a promissory note, and a balance due for merchandise sold and delivered, brought to the City Court of Hartford and tried to the jury before Morse, J.; verdict and judgment for the plaintiffs, and appeal by the defendant for alleged errors in the rulings and charge of the court. The case is sufficiently stated in the opinion.
1Opinion of the CourtHall, J.
The only question raised by this appeal is whether the defendant’s demand note payable to the plaintiffs’ order was a proper item of the bill of particulars filed under the common counts.
The complaint in the present action would be at common law an incomplete statement of a cause of action, for want of an allegation of a promise. It is insufficient under the Practice Act, for want of the complete statement of facts required. Rule II, § 1, Practice Book, p. 12, permits the use of the form of complaint called the common counts, containing nine causes of action (Form 85), for the commencement of…
2Cases cited2 opinions
- Coit v. TracySupreme Court of Connecticut · 1831
- New York Breweries Corp. v. BakerSupreme Court of Connecticut · 1896
3Cited by6 opinions
- Ghirardelli v. Peninsula Properties Co.California Supreme Court · 1940
- Markel v. DifrancescoSupreme Court of Connecticut · 1919
- Oben v. DucharmeSupreme Court of Vermont · 1919
- Ferrigino v. KeasbeySupreme Court of Connecticut · 1919
- Kossover v. Willimantic Trust Co.Supreme Court of Connecticut · 1936
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