Landon v. Sage
Supreme Court of Connecticut
This was an action of assumpsit, in several counts; one for money had and received; one for work and labour : one for goods sold and delivered ; and another for money paid, laid out and expended.
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This was an action of assumpsit, in several counts; one for money had and received; one for work and labour : one for goods sold and delivered ; and another for money paid, laid out and expended. The cause was tried at Litchfield, February term, 1836, before Church, J. On the 18th of October, 1832, the defendant contracted with the plaintiff, who resided at a place called Boston Corner, in the state of New-York, to purchase for him, the defendant, large quantities of wheat, rye, and indian corn, for the purpose of being ground and manufactured, by the defendant, for his own advantage and…
1Opinion of the Court
Huntington. J.
The application for a new trial of this Cause, is founded on the refusal of the judge at the circuit, to instruct the jury, that it was not competent for the plaintiff to prove, and that he could not recover of the defendant for, money paid, laid out and expended,” under the circumstances disclosed in the motion, on the ground that no such claim or cause of action appeared, or was sufficiently stated, in the bill of particulars furnished the defendant.
The sufficiency of the bill of particulars, is the only point which this motion presents for our consideration.
The practice of…
2Cases cited2 opinions
- Brown v. WilliamsNew York Supreme Court · 1830
- Dubois v. Delaware & Hudson Canal Co.New York Supreme Court · 1834
3Cited by3 opinions
- Zacarino v. PallottiSupreme Court of Connecticut · 1881
- Dean v. MannSupreme Court of Connecticut · 1859
- Dean v. MannSupreme Court of Connecticut · 1859