McVane v. Williams
Supreme Court of Connecticut
Civil action, upon a complaint containing the common' counts for money lent, money paid and expended for the defendants, and money had and received by them to the use-of the plaintiff; brought to the Court of Common Pleas of Hartford County and tried to the court before Bennett,' acting judge. Facts found and judgment rendered for the: plaintiff. Appeal to this court by the defendants. The case is sufficiently stated in the opinion.
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Civil action, upon a complaint containing the common' counts for money lent, money paid and expended for the defendants, and money had and received by them to the use-of the plaintiff; brought to the Court of Common Pleas of Hartford County and tried to the court before Bennett,' acting judge. Facts found and judgment rendered for the: plaintiff. Appeal to this court by the defendants. The case is sufficiently stated in the opinion. The defendants were, partners under the firm name of “George W. Williams & Co.”
1Opinion of the CourtLoomis, J.
The complaint in form is for money lent,' money paid, and money had and received. The ground of' recovery in fact however is simply that the moneys were" paid by.the .plaintiff to the defendants under duress by' threats of unlawful imprisonment. The defendants upon'' the trial-, objected to any evidence tending to show the .duress, for the reason that neither the complaint nor the bill■ ■of particulars made any reference to such a fact.
*549■ The Practice Act, p. 1, sec. 1, requires that in all civil actions “the complaint shall contain a statement of the facts constituting the cause of action: ”…
2Cases cited2 opinions
- Town of Brazil v. KressIndiana Supreme Court · 1876
- Commercial Bank of Rochester v. City of RochesterNew York Supreme Court · 1863
3Cited by4 opinions
- United States Fidelity & Guaranty Co. v. CookWyoming Supreme Court · 1931
- Bestor v. HickeySupreme Court of Connecticut · 1898
- Koenig v. Peoples Gas Light & Coke Co.Appellate Court of Illinois · 1910
- Mee v. Town of MontclairSupreme Court of New Jersey · 1913