deGumoens v. Equitable Trust Co.

Kelly, P. J.:

Plaintiff, as assignee of the Russo-Asiatic Bank, a Russian banking corporation, brings this action to recover a balance of $543,267.35 alleged to be due his assignor on deposit made by its Shanghai branch with the defendant trust company. But aside from the substantial amount involved in the controversy the question presented by this appeal is simple and elementary in character, to wit, whether a litigant may ignore an order of the court duly made directing service of a bill of particulars.

The defendant having answered the second amended complaint, the plaintiff moved upon the…