Cole v. Greene

New York Supreme Court

Cole v. Greene

12 Wend. 248

CourtNew York Supreme Court

DecidedDecember 4, 1834

StatusPublished

Cited by1 cases

This text of 12 Wend. 248 (Cole v. Greene) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Cole v. Greene, 12 Wend. 248 (N.Y. Super. Ct. 1834).

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Opinion

By the Court,

Sutherland, J.

Latitude must be allowed to a plaintiff so to frame his declaration as to meet the evidence ; but there should be no abuse of the discretion thus given. Ha‘d the plaintiff here used proper diligence to ascertain the words spoken, there could have been no necessity for swelling the declaration as has been done in this case. The plaintiff is entitled two have to counts taxed, but not more than 12 folios should be allowed for each count; and a correspondent reduction must be made in all the subsequent proceedings.

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By the Court,

Sutherland, J.

Latitude must be allowed to a plaintiff so to frame his declaration as to meet the evidence ; but there should be no abuse of the discretion thus given. Ha‘d the plaintiff here used proper diligence to ascertain the words spoken, there could have been no necessity for swelling the declaration as has been done in this case. The plaintiff is entitled two have to counts taxed, but not more than 12 folios should be allowed for each count; and a correspondent reduction must be made in all the subsequent proceedings.

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Bluebook (online)

12 Wend. 248, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cole-v-greene-nysupct-1834.

Opinion

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