Verlengia v. Rushie
Citations
- 29 Del. 11
- 6 Boyce 11
- 95 A. 914
- 1915 Del. LEXIS 57
Syllabus
<p>1. Pleading—Bill of Particulars—.Purpose.</p> <p>The object of a bill of particulars is to give the defendant reasonable notice of the claim he is required to meet.</p> <p>2. Account Stated—Declaration—Items of Account—Necessary Allegations.</p> <p>Where the plaintiff in his declaration relies on the single count on an account stated, it is unnecessary to allege or prove the items of which the account consists, since an account stated is an agreement by both parties that all the items thereof are true, and it constitutes a new contract between the parties.</p> <p>3. Account Stated—General Balance—Evidence—Sufficiency.</p> <p>In an action upon an account stated, plaintiff is entitled to recover on proof of the admission of a general balance, without going into the items of the account.</p>
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that a New York State law prohibiting class actions in suits seeking penalties or statutory minimum damages was preempted by Federal Rules of Civil Procedure 23
- holding that CPLR 901(b) does not prevent plaintiffs from pursuing statutory penalties or treble damages on a classwide basis in federal court
- holding that Rule 23 applies in federal court unless it “abridge[s], enlarge[s] or modifies] any substantive right” under the Rules Enabling Act, 28 U.S.C. § 2072(b)
- holding that Rule 23 applies in federal court unless it “abridge[s], enlarge[s] or modifies] any substantive right” under the Rules Enabling Act, 28 U.S.C. § 2072(b)
- holding that a class action lawsuit could proceed in federal court under Federal Rule of Civil Procedure 23, even though a New York statute procedurally prohibited it
- holding that, where “Congress has created specific exceptions” to the applicability of a statute or rule, it “proves” that the statute or rule generally applies absent those exceptions
Source: CourtListener parenthetical corpus (CC0).
Judges: Boyce
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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