Wetmore v. Jennys
New York Supreme Court
Bill of particulars. The first count of the declaration alleges that the defendant was acting as agent for the plaintiff in the collection of a large claim, and that by the defendant’s negligence &c. he was hindered in the collection of said claim. The second count charges that the defendant was the plaintiff’s attorney to collect certain claims, and that through his negligence the plaintiff was subjected to great damage.
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Bill of particulars. The first count of the declaration alleges that the defendant was acting as agent for the plaintiff in the collection of a large claim, and that by the defendant’s negligence &c. he was hindered in the collection of said claim. The second count charges that the defendant was the plaintiff’s attorney to collect certain claims, and that through his negligence the plaintiff was subjected to great damage. The third count sets forth that the plaintiff was possessed of certain rights of action dice., and employed the defendant to prosecute them, and that the latter was guilty…
1Opinion of the CourtEdmonds, J.
All the bills of particulars furnished or offered in this case were defective. The defendant had a right, on the special as well as on the common counts, to a bill of the particular demands claimed of him. And the orders of the judge were sufficiently explicit to apprize him of what was required, yet he three times persisted in giving merely a general statement of the damages he claimed. This was a mere evasion of the order, and justified the defendant in coming here for relief. He ought not to be required again to go to the judge, when his going there had been twice unavailing. The motion…
2Cited by2 opinions
- Gross v. . ClarkNew York Court of Appeals · 1881
- Minneapolis Envelope Co. v. VanstromSupreme Court of Minnesota · 1892