Brewery v. Sieke
Appellate Division of the Supreme Court of the State of New York
Appeal" by the defendant, Charles A. Sieke, from an order of the Supreme Court, made at The Kings County Special Term and entered’ in the office of the clerk of the county of Kings on the 13th day of June, 1911, granting the plaintiff’s motion for a bill of particulars.
1Opinion of the Court
Burr, J.:
This appeal is from an order requiring the service of a bill of particulars as to certain matters-set up in defendant’s answer. The complaint alleges that on September 26, 1905, defendant made and delivered to plaintiff a chattel mortgage to secure payment of the sum of $6,500, and that this mortgage was subsóquently duly foreclosed, resulting in a deficiency of $4,071.89, for which "sum judgment is demanded.
The answer sets up several so-called defenses pleaded only as such, and in addition a counterclaim to the effect that on September 25, 1910 (sic), as an inducement to defendant…
2Cases cited5 opinions
- Equitable Life Assurance Society of United States v. CuylerNew York Court of Appeals · 1878
- Spitz v. HeinzeAppellate Division of the Supreme Court of the State of New York · 1902
- Kelsey v. . SargentNew York Court of Appeals · 1885
- Smith v. Bradstreet Co.Appellate Division of the Supreme Court of the State of New York · 1909
- Commercial National Bank of Chicago v. HandAppellate Division of the Supreme Court of the State of New York · 1896
3Cited by2 opinions
- Loew v. McInerneyAppellate Division of the Supreme Court of the State of New York · 1913
- Rhinelander Refrigerator Co. v. RothenbergDistrict Court, E.D. Michigan · 1928