Kelsey v. . Sargent
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the fourth judicial department, made April 23, 1885, which affirmed an order of Special Term, requiring defendant to serve a bill of particulars. This action was brought to- compel the surrender of certain stock which the complaint alleged had been pledged by plaintiff to defendant as security for the payment of a promissory note, and also to save defendant harmless from certain guaranties executed by him.
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Appeal from order of the General Term of the Supreme Court, in the fourth judicial department, made April 23, 1885, which affirmed an order of Special Term, requiring defendant to serve a bill of particulars. This action was brought to- compel the surrender of certain stock which the complaint alleged had been pledged by plaintiff to defendant as security for the payment of a promissory note, and also to save defendant harmless from certain guaranties executed by him. The complaint alleged payment of the note and upon information and belief that defendant “ was made free and discharged from…
1Per curiam
If the answer is true the plaintiff will be defeated, because the defendant remains liable as guarantor upon certain obligations referred to in that pleading, but not described. It can make no difference whether the matter is left uncertain by general averments constituting an adverse claim, or by allegations of matter effectual only as a defense. In either case the plaintiff might require further information before trial, and whether it should be obtained from a more specific answer, or a bill of particulars, was for the Supreme Court to determine. (Witkowski v. Paramore, 93 N. Y. 467.)
It…
2Cases cited1 opinion
- Witkowski v. . ParamoreNew York Court of Appeals · 1883
3Cited by10 opinions
- In re the Estate of HerleNew York Surrogate's Court · 1935
- In re the Estate of KusterNew York Surrogate's Court · 1956
- People v. Gilbert, New York County Courts1916
- Brewery v. SiekeAppellate Division of the Supreme Court of the State of New York · 1911
- McCarron v. SireCity of New York Municipal Court · 1888
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