CHALLIS v. OSBORN

CHALLIS v. OSBORN. New York Superior Court, Special Term; May, 1874. Pleadieg.—Time of False Repeeseetatioes. In an action for deceit, by representations alleged to have been made about sixteen months before action brought,—Held, that an allegation in the complaint that plaintiff had since ascertained that defendant’s representations were false, without stating the time of the discovery, was obnoxious to a motion to make more definite and certain. Luther 0. Challis sued in this court Charles J. Osborn, and others, on the grounds set forth below. The complaint alleges that the plaintiff, induced by the defendants’ representations, made about January 27, 1873, bought one thousand shares of Hannibal & St Joseph Railroad stock; that he has since ascertained that these representations were false, and known so to be by the defendants. The prayer for relief is that the purchase be set aside, and that plaintiff recover as damages the price paid, with interest from day of purchase. This is a motion to make the complaint more definite and certain, by stating when these representations, made about sixteen months ago, were ascertained by the plaintiff to be false. Shearman & Sterling, attorneys for defendant Chapin John W. Sherling, of counsel, —cited, Chesbrough v. N. Y. & Erie R. R., 13 How. Pr., 557 ; S. C., 26 Barb., 9 ; Blanchard v. Strait, 8 How. Pr., 83; Fisher v. Fredenhall, 21 Barb., 83 ; Wheaton v. Baker, 14 Id., 597; McCarty v. Ely, 4 E. D. Smith, 375. Luke A. Lockwood, plaintiff’s attorney. See also McCreight v. Stevens, 1 Hurlst & N., 454; Code of Pro. § 158. [MAJORITY — Van Vorst, J.] Van Vorst, J. —I think the plaintiff should state in his complaint when he discovered the fraud on which he relies to annul the sale. In that respect the complaint should be made more definite and certain. Motion granted.