Roberts v. Safety Buggy Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Safety Buggy Company, from -an order of the Supreme Court, made at the Rew York Special Term and entered in the office of the clerk of the county of Rew York on the 2d day of December, 1895, denying the defendant’s motion for a bill of particulars.
1Opinion of the Court
Patterson, J.:
The order denying the motion for a bill of particulars should be reversed. Under the allegations of the complaint and the issues raised by the answer, the defendant was entitled to the particulars of some of the matters stated in the complaint as constituting-plaintiffs’ cause of action, although not to the extent suggested in the notice of motion. The action is for the breach of a contract by which the defendant agreed to sell to the plaintiffs certain vehicles at fifty-five dollars apiece, and in consideration of the purchase by the plaintiffs the defendant stipulated to give…
2Cases cited1 opinion
- Isaac v. WilischNew York Supreme Court · 1893
3Cited by6 opinions
- Mussinan v. Willner Wood Co.Appellate Division of the Supreme Court of the State of New York · 1902
- Dietz v. LeberAppellate Division of the Supreme Court of the State of New York · 1898
- Dietz v. LeberAppellate Division of the Supreme Court of the State of New York · 1898
- MacKenzie v. General Finance Corp.Appellate Division of the Supreme Court of the State of New York · 1952
- Lipsky & Rosenthal, Inc. v. D. M. W. Contracting Co.Appellate Division of the Supreme Court of the State of New York · 1941
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