Opinion
File No. 64582
On a motion for more specific statement, the circumstances that the suit was against the defendant acting as a fiduciary and the multiplicity of the defendant's activities as such were cogent reasons why the defendant was entitled to be more fully apprized of the basis of the plaintiff's claim. The motion was granted. The defendant sought, not evidential matter, but day and date of claimed business contacts; the identity of claimed representatives; and what was the undertaking that the plaintiff assumed and claimed to have successfully concluded.
MEMORANDUM FILED JANUARY 7, 1944.
FitzGerald, Foote FitzGerald, of New Haven, for the Plaintiff.
Wiggin Dana, of New Haven, for the Defendant.
Memorandum of decision on motion for more specific statement.
This suit is against the defendant acting as a fiduciary. This circumstance and the very patent multiplicity of its activities as such, are cogent reasons why the defendant is entitled to be more fully apprized of the basis of the plaintiff's claim than is set forth in the complaint.
It is not evidential matter the defendant seeks, but rather day and date of claimed business contacts; the identity of claimed representatives; and what was the undertaking that the plaintiff assumed and claims to have successfully concluded.
Certainly the defendant cannot plead with adequacy to the present complaint. There may be legal questions lurking in whatever may be unfolded. It would be worse than to buy a pig in a poke for the defendant to join issue on the complaint as it stands.