Gaylord v. Payne
Supreme Court of Connecticut
This was an action of debt on book. The writ and declaration were as follows: “Summon Stephen Payne and Rachel, the wife of the said Stephen, Joseph Gaylord and Charles F. Dickinson, all of Norfolk, to appear, &c. to answer unto Asahel Gaylord of said Norfolk, in a plea, that to the plaintiff the defendants render the sum of 450 dollars, which to the plaintiff the defendants justly owe, by book, as by the book of the plaintiff, ready in court to be produced, fully appears;…
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This was an action of debt on book. The writ and declaration were as follows: “Summon Stephen Payne and Rachel, the wife of the said Stephen, Joseph Gaylord and Charles F. Dickinson, all of Norfolk, to appear, &c. to answer unto Asahel Gaylord of said Norfolk, in a plea, that to the plaintiff the defendants render the sum of 450 dollars, which to the plaintiff the defendants justly owe, by book, as by the book of the plaintiff, ready in court to be produced, fully appears; which debt the defendants have never paid,” &c. By agreement of parties, the county court, to which the action was…
1Opinion of the Court
Hosmer, Ch. J.
It is a general rule in pleading, that whatsoever facts are necessary to constitute a cause of action, must be stated in the declaration, with such precision, certainty, and clearness, that the defendant, knowing what he is called upon to answer, may be able to plead a direct and unequivocal plea, and that the jury may be enabled to give a complete verdict on the issue. 1 Chitt. Plead. 216. 255.
It, likewise, is equally well established, as a principle of construction, that every thing shall be taken most strongly against the party pleading, on the intendment, that every person…
2Cited by10 opinions
- McDonald v. WilkieIllinois Supreme Court · 1851
- Gargan v. School District No. 15Supreme Court of Colorado · 1878
- Downs v. AllenU.S. Circuit Court for the District of Connecticut · 1885
- Jacobs v. CurtissSupreme Court of Connecticut · 1896
- Peterson v. Middlesex & Somerset Traction Co.Supreme Court of New Jersey · 1903
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