Klock v. Brennan
New York Supreme Court
Appeal from special term, Saratoga county. Action by Julia. A. Klock against Fannie Brennan and John H. Brennan, executors of George B. Bixby, deceased.
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Appeal from special term, Saratoga county. Action by Julia. A. Klock against Fannie Brennan and John H. Brennan, executors of George B. Bixby, deceased. Plaintiff appeals from an order setting aside plaintiff’s demand for a bill of particulars “of the accounts, defenses, demands, set-offs, counter-claims,- and payments, stated and set forth in the defendants’ answer as follows:” (1) “The items, amounts, and dates of any and all payments alleged to have been made by Electa Bixby to plaintiff in folio4 in defendants’ answer.” (2) “The items, amounts, and dates of any and all payments alleged to…
1Opinion of the CourtMayham, J.
The Code of Civil Procedure relieves a party in the first instance in a pleading from setting forth the items of an account therein alleged. Code, § 531. But the same section provides, upon a written demand, for a delivery of the copy of the account, and concludes with this general provision: “The court may in any case direct a bill of particulars of the claim of either party to be delivered to the adverse party.” The affidavit of the plaintiff discloses her entire ignorance of the alleged payments in the defendants’ answer alleged, and shows that she will not be able to prepare to meet the…
2Cases cited2 opinions
- Witkowski v. . ParamoreNew York Court of Appeals · 1883
- Carrillo v. CarrilloNew York Supreme Court · 1889
3Cited by3 opinions
- Bloom v. HuyckNew York Supreme Court · 1893
- Walbourn v. HingstenNew York Supreme Court · 1895
- Chapman v. WackermanNew York Supreme Court · 1894