Moran v. Morrissey
New York Court of Common Pleas
A motion was made in this action that the complaint and bill of particulars be amended, so as to make the precise nature of the charge or claim against the defendants apparent, and so as to apprise the defendants of the ground upon which the plaintiff rested the action.
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A motion was made in this action that the complaint and bill of particulars be amended, so as to make the precise nature of the charge or claim against the defendants apparent, and so as to apprise the defendants of the ground upon which the plaintiff rested the action. The motion was made on the complaint and bill of particulars (the character of which appears in the opinion of the court), and on an affidavit on the part of the defendants, by which it appeared that previous to the commencement of the action the plaintiff made a claim against the defendants for about the amount claimed for…
1Opinion of the CourtCardozo, J.
This is a motion to require the plaintiff to make the bill of particulars furnished more definite and certain, so as to apprize the defendant distinctly what the cause of action is which it is claimed exists against them.
The complaint states, that between certain dates, the plaintiff paid and advanced to the defendants sums amounting to $11,750. It does not aver under what circumstances this money was paid to the defendants, nor that thére was any agreement to refund it; but after the general allegation to which I have directed attention, the complaint proceeds to aver a request and refusal…
2Cases cited2 opinions
- Collins v. RagrewNew York Supreme Court · 1818
- Bates v. WotkynsNew York Supreme Court · 1845
3Cited by4 opinions
- Tompkins v. SmithThe Superior Court of New York City · 1882
- Eberhardt v. SchusterNew York Supreme Court · 1877
- Arrieta v. MorrisseyNew York Court of Common Pleas · 1866
- Roediger v. SimmonsNew York Court of Common Pleas · 1872