Superior Court of Delaware, 1911

Postal Telegraph-Cable Co. v. Delaware Produce Exchange, Inc.

Postal Telegraph-Cable Co. v. Delaware Produce Exchange, Inc.
Superior Court of Delaware · Decided March 17, 1911 · Pennewill
25 Del. 336; 2 Boyce 336; 80 A. 244; 1911 Del. LEXIS 44

Counsel

Anthony Higgins for plaintiff., John P. Nields and Henry Ridgely for defendant.

Postal Telegraph-Cable Co. v. Delaware Produce Exchange, Inc.

Opinion of the Court

Pennewill, C. J.

delivering the opinion of the court:

The court are quite clear about this matter. It is perfectly manifest that if the corporate name of the plaintiff is not considered, the copy of the book account filed in this action is entirely unintelligible and insufficient to disclose the natuie of the plaintiff’s demand. The only question, therefore, before us is, if the copy of the book account filed is clearly insufficient to disclose the nature of the account sued upon for which recovery is sought, whether such insufficiency can be supplied by inference to be drawn from the corporate name of the plaintiff and the business in which it is apparently engaged. We think not. Therefore, we order that the motion for judgment on affidavit of demand be refused.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.