Young v. De Mott
New York Supreme Court
The declaration in this case was special; alleging that the defendant had been employed by plaintiff to collect or compromise for him a certain claim, which he had settled, and had received in satisfaction sundry demands and assets, which he refused to give any account of, or to pay over. The defendant obtained an order for the plaintiff to furnish a bill of the particulars of the demands and assets which the declaration alleged he had thus received in settlement.
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The declaration in this case was special; alleging that the defendant had been employed by plaintiff to collect or compromise for him a certain claim, which he had settled, and had received in satisfaction sundry demands and assets, which he refused to give any account of, or to pay over. The defendant obtained an order for the plaintiff to furnish a bill of the particulars of the demands and assets which the declaration alleged he had thus received in settlement. The plaintiff moved to set aside the order, on two grounds. 1. Because, from the nature of the action, the knowledge was more with…
1Opinion of the CourtEdmonds, J.
This is a case in which an adherence to mere technicality may prejudice the merits. The plaintiff brings his suit against the defendant for certain moneys and securities which the defendant has received for him, but which he refuses to render any account of, or to pay over. And the defendant, by asking for a bill of particulars, seeks to tie the plaintiff down in such a manner that if he makes a mistake, he may be turned out of court. This was manifest to the commissioner; and it was also shown to him that the plaintiff could not give a bill of particulars, with any safety, until the…
2Cited by7 opinions
- Van Olinda v. HallNew York Supreme Court · 1894
- Butler v. MannNew York Supreme Court · 1880
- Kee v. McSweeneyNew York Supreme Court · 1883
- Eberhardt v. SchusterNew York Supreme Court · 1877
- Fickinger v. IvesAppellate Division of the Supreme Court of the State of New York · 1905
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