Commander-Larabee Milling Co. v. Manufacturers & Traders Trust Co.

KNIGHT, District Judge.

The defendant has moved for an order directing the plaintiff to serve a bill of particulars. The sole question left for determination is whether the plaintiff should furnish the defendant with information as to when the checks referred to in the complaint were returned by the defendant to the plaintiff. The question of the right of the defendant in this respect rests upon the interpretation of Rule 12(e) of the Rules of Civil Procedure, 28 U.S.C.A. following section 723c, as applied to the facts herein.

Section 43 of the Negotiable Instruments Law of the State of New…