Stowits v. Bank of Troy
New York Supreme Court
Error from the mayor’s court of the city of Troy. The plaintiff declared on the common money counts, and in pursuance of an order for that purpose, furnished a bill of particulars, in these'words : .“-you will please to take notice that the nine promissory notes, commonly called bank notes, of which the following are copies, constitute the particulars of the plaintiff’s demand for which the above suit is brought.
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Error from the mayor’s court of the city of Troy. The plaintiff declared on the common money counts, and in pursuance of an order for that purpose, furnished a bill of particulars, in these'words : .“-you will please to take notice that the nine promissory notes, commonly called bank notes, of which the following are copies, constitute the particulars of the plaintiff’s demand for which the above suit is brought. (The plaintiff then set forth verbatim et, literatim the copies of nine bank bills, issued by the defendants oí five dollars each, payable to A. B. or bearer, on demand, and…
1Opinion of the Court
By the Court,
Nelson, Ch. J.
The first question has, in effect, been heretofore disposed of by the court. The plaintiff is not entitled to charge for special counts in taxation of costs, for the reason that the common counts are all that can be deemed necessary. 19 Wendell, 113, This has been the practice for more than twenty years ; after which we cannot consistently require the insertion of them for the sake of setting forth specially a demand and refusal at the place of payment. A defendant will not thereby suffer, as the same proof must be given to authorize a recovery, as if the notes had…
2Cases cited1 opinion
- People ex rel. Union Bank v. New York C. P.New York Supreme Court · 1838
3Cited by1 opinion
- Bishop v. SniffenNew York Court of Common Pleas · 1861