Bates v. Wotkyns
New York Supreme Court
Motion" by defendant for judgment of non pros. This was an action of assumpsit: the declaration contained the common money counts, and a count on an account stated.
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Motion" by defendant for judgment of non pros. This was an action of assumpsit: the declaration contained the common money counts, and a count on an account stated. On the 13th October, 1845, defendant’s attorney obtained an. order for plaintiff’s bill of particulars, which was served as follows: “ Alfred Wotkyns to Galvin Bates, Dr.: To moneys received by. the said Wotkyns, for and belonging to the said Bates, at different times during the years 1840, 1841, 1842, 1843 and 1844, and. in various sums, viz., $200, $100, $100, $114, $200, $330, $50, and other sums during said years, in all…
1Opinion of the Court
Jewett, Justice.
The bill of particulars, delivered under the order of the 17th day of October, is no better than the first, and is not a compliance with the order. ■ The facts shown by the affidavits of the plaintiff and his attorney, however, induce me to think that there was a bona fide intention to comply with the order. I therefore allow the plaintiff time to deliver further and better particulars'of his demand till the 20 th day of January next, on payment of the costs of this motion in ten days.
Rule accordingly
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