Garrett v. Teller

New York Supreme Court

Garrett v. Teller

22 Wend. 643

DecidedSeptember 15, 1840

StatusPublished

This text of 22 Wend. 643 (Garrett v. Teller) 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

Garrett v. Teller, 22 Wend. 643 (N.Y. Super. Ct. 1840).

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Opinion

[645]*645 By the Court,

Bkonson, J.

The rule referred to by the plaintiff is expressly limited to cases “ where it shall appear by the declaration, or the plaintiff’s bill of particulars, that the written instrument or record is the only cause of action ón which the plaintiff relies.” There can be no hardship in .requiring, as we intend to do, a strict compliance with the rule. The notice did- not amount to a- bill of particulars, and the plaintiff had no right to disregard the plea.

Motion granted.

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[645]*645 By the Court,

Bkonson, J.

The rule referred to by the plaintiff is expressly limited to cases “ where it shall appear by the declaration, or the plaintiff’s bill of particulars, that the written instrument or record is the only cause of action ón which the plaintiff relies.” There can be no hardship in .requiring, as we intend to do, a strict compliance with the rule. The notice did- not amount to a- bill of particulars, and the plaintiff had no right to disregard the plea.

Motion granted.

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Bluebook (online)

22 Wend. 643, Counsel Stack Legal Research, https://law.counselstack.com/opinion/garrett-v-teller-nysupct-1840.