Richardson v. Pierce
New Mexico Supreme Court
Error to the District Court for Otero County before E. A. Mann, Associate Justice. No separate denial of the verified account was necessary, because the account is made part of the complaint and as such is sufficiently denied, as it is denied by the answer denying sufficient knowledge or information to form a belief as to the correctness of the account and all its items. Sub-see. 40, Code of Civil Procedure; Chadwick v. Booth, 22 How. Pr. 33; Brown v. Rockman, 13 How.
Read the full summary
Error to the District Court for Otero County before E. A. Mann, Associate Justice. No separate denial of the verified account was necessary, because the account is made part of the complaint and as such is sufficiently denied, as it is denied by the answer denying sufficient knowledge or information to form a belief as to the correctness of the account and all its items. Sub-see. 40, Code of Civil Procedure; Chadwick v. Booth, 22 How. Pr. 33; Brown v. Rockman, 13 How. Pr. 313; Caswell v. Bushnell, 14 Bash. (Barb,) 393; Abbott’s Pr. 13, 347; Hutchings v. Moore, 4 Met. Ny. 110. Judgment was…
1Opinion of the Court
OPINION OP THE COU’RT.
MILLS, C. J.
This is a suit brought by R. IL Pierce against George Richardson and J. C. Cravens, formerly partners doing business under the name of “Richardson & Co.” The suit is based on a balance claimed to be due for goods and merchandise sold by Pierce to Richardson & Co., between September 9th, 1902, and February 20th, 1903, and the sum claimed'to be due is $393.68, with interest from February 1st, 1904-, at the rate of 6% per annum. Attached to- the complaint and made a part thereof is an itemized copy of the account sued on. The Complaint is duly sworn to. A jury…
2Cases cited1 opinion
- Jennings v. EstesSupreme Judicial Court of Maine · 1839
3Cited by6 opinions
- Albright v. AlbrightNew Mexico Supreme Court · 1916
- Wagner v. HuntonNew Mexico Supreme Court · 1966
- Bunton v. CampredonNew Mexico Supreme Court · 1918
- Alexander Concrete Co. v. Western States Mechanical Contractors, Inc.New Mexico Supreme Court · 1973
- Miller & Associates, Ltd. v. RainwaterNew Mexico Supreme Court · 1985
1 more not listed; retrieve them via the Exa API.