French v. Kemp

This is an action of “contract or tort” brought against the defendant as receiver of a partnership. A demurrer to the declaration, assigning six grounds, was sustained generally. The declaration alleges that the defendant acted “unlawfully” and “without authority” in the matters therein referred to; and, without specific and definite allegations of fact, it does not set forth concisely and with substantial certainty the substantive facts necessary to constitute a cause of action, as required by G. L. c. 231, § 7, cl. 2. Boston v. Treasurer & Receiver General, 237 Mass. 403. Cosmopolitan Trust…