Newman v. West
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Walter West, from an order of the Supreme Court, made at the Clinton Special Term and entered in the office of the clerk of the county of Saratoga on the 19th day of October, 1904, denying the defendant’s motion for a bill of particulars of the plaintiff’s complaint. ' This action is brought by the plaintiff to recover damages' for alleged false and fraudulent representations made by the defendant in the sale of two horses to the plaintiff.
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Appeal by the defendant, Walter West, from an order of the Supreme Court, made at the Clinton Special Term and entered in the office of the clerk of the county of Saratoga on the 19th day of October, 1904, denying the defendant’s motion for a bill of particulars of the plaintiff’s complaint. ' This action is brought by the plaintiff to recover damages' for alleged false and fraudulent representations made by the defendant in the sale of two horses to the plaintiff. The material parts of said complaint, so far as the question now involved is concerned, are' as follows: “First. That heretofore…
1Opinion of the Court
Chase, J.;
Plaintiff insists that the defendant’s answer is practically a general denial and that consequently he is not entitled td a bill of par*290ticulars. When an answer contains only admissions and denials, it may be a-good reason for denying a motion made by the plaintiff to compel a bill of particulars by the defendant (King v. Ross, 21 App. Div. 475; Gray v. Shepard, 36 N. Y. St.. Repr. 610; Stanley v. Block, 56 App. Div. 549), but such an- answer cannot adversely affect the question as to whether the plaintiff should furnish a bill of particulars to the defendant.
In an .action for fraud,…
2Cases cited3 opinions
- King v. RossAppellate Division of the Supreme Court of the State of New York · 1897
- Stanley v. BlockAppellate Division of the Supreme Court of the State of New York · 1900
- Blatchpord v. New York & New Haven RailroadNew York Supreme Court · 1858