Fidelity Glass Co. v. Thatcher Manufacturing Co.
Appellate Division of the Supreme Court of the State of New York
. Appeal by the defendant, The Thatcher Manufacturing Company, from an order of the Supreme Court, made at the St. ■ Lawrence Special Term and entered in the office of the clerk of the county of St. Lawrence on the 25th day of June, 1903, granting the plaintiff’s motion for a bill'of particulars.
1Opinion of the Court
Parker, P. J.:
The affidavit on the part of the plaintiff in this action claims' that the bill of particulars is needed both for the purpose of enabling it to frame its reply and also for the purpose of preparing for the trial.
It is manifest from the pleadings and the record before us that the items for which such bill of particulars is asked are not needéd in order to enable the plaintiff to reply. Each one of the several *288demands set up by way of counterclaim can be fully put at issue without the aid of any of the facts which the plaintiff seeks to So ‘ascertain. .
The bill of particulars…
2Cases cited2 opinions
- American Credit Indemnity Co. v. BondyAppellate Division of the Supreme Court of the State of New York · 1897
- Wolff v. KaufmanAppellate Division of the Supreme Court of the State of New York · 1901
3Cited by1 opinion
- International Import & Export Co. v. Di MondaCity of New York Municipal Court · 1909