Legal Opinion

Cohen v. Bowdoin

Supreme Judicial Court of Maine

Decided March 2, 1972PublishedCited by 28 opinions

1Opinion of the Court

WERNICK, Justice.

Plaintiff appeals to this Court a decision by a Justice of the Superior Court which dismissed the complaint of plaintiff with prejudice on the ground that it fails to state a claim upon which relief can be granted.

We sustain the appeal.

The complaint contains confusing sur-plusage and lacks precision and clarity in the allegations which deal with matters which can be deemed essential. We present those portions of the complaint which most clearly state its fundamental import.

“1. The plaintiff, Herman Cohen, now and during his lifetime, has been an honest, upright person and has…

2Cases cited18 opinions

  1. Richards v. EllisSupreme Judicial Court of Maine · 1967
  2. Weiner v. LowensteinMassachusetts Supreme Judicial Court · 1943
  3. Garing v. FraserSupreme Judicial Court of Maine · 1884
  4. Fahy v. Melrose Free Press Inc.Massachusetts Supreme Judicial Court · 1937
  5. Meyerson v. HurlbutCourt of Appeals for the D.C. Circuit · 1938

13 more not listed; retrieve them via the Exa API.

3Cited by28 opinions

  1. Beck v. PrupisSupreme Court of the United States · 2000
  2. In Re: Orthopedic Bone Screw Products Liability Litigation Legal Committee, at 98-1762 American Academy of Orthopaedic Surgeons, North American Spine Society, and Scoliosis Research Society (The Medical Associations), at 98-1829Court of Appeals for the Third Circuit · 1999
  3. Lester v. PowersSupreme Judicial Court of Maine · 1991
  4. Mulgrew v. City of TauntonMassachusetts Supreme Judicial Court · 1991
  5. Potter, Prescott, Jamieson & Nelson, P.A. v. CampbellSupreme Judicial Court of Maine · 1998

23 more not listed; retrieve them via the Exa API.

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