Candee v. Daying

Bills of particulars are of two kinds; one appertains to an account between parties, the other to a claim of one party. The rules governing the right to the one or other are different. Giles agt. Bets (15 Abb. Pr., 285) refers to the latter, while Williams agt. Shaw (4 Abb. Pr., 209) refers to the former, and is a special term decision. From the brief memorandum it seems to me the learned judge did not appreciate the difference between a bill of particulars of an account and one of a claim.

This action is to recover -an indebtedness on an account for goods sold and delivered. Upon a demand,…