New York Supreme Court, 1840

Garrett v. Teller

Garrett v. Teller
New York Supreme Court · Decided September 15, 1840 · Bkonson
22 Wend. 643

Counsel

C. D. Witt, for the defendant,, J. Edwards, for the plaintiff.

Garrett v. Teller

Opinion of the Court

*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.*

See Reynolds v. Woods, ante p. 642.

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