Hopper v. Weber
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Gustavus C. Weber and another, from so much of an order of the Supreme Court, made at the Hew Work Special Term and entered in the office of the clerk of the county of Hew York on the 11th day of February, 1902, as directs the defendants to serve a bill of particulars of the counterclaim set up in their answer.
1Opinion of the Court
Ingraham, J.:
We think the court was justified in requiring the defendants to serve a bill of particulars. The answer denies the allegations of the complaint, which are to the effect that the plaintiffs had fully performed the contract upon which the action is based, with an exception specified, and then as a counterclaim the defendants alleged a breach of the contract by the plaintiffs and ask to recover damages caused thereby. If the defendants should succeed in defeating the plaintiffs upon their right to recover, there would still remain undisposed of the question as to whether the…
2Cited by3 opinions
- Herrman v. LelandAppellate Division of the Supreme Court of the State of New York · 1912
- Kelly v. St. Michael's Roman Catholic ChurchAppellate Division of the Supreme Court of the State of New York · 1908
- Schwarzschild & Sulzberger Co. v. Empire State Surety Co.Appellate Division of the Supreme Court of the State of New York · 1908