Watertown Paper Co. v. West
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, the Watertown Paper Company and another, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 17th day of February, 1896, granting the motion of the defendant West for a bill of particulars in the action. The action was brought to set aside a general assignment- for the benefit of creditors as fraudulent and void as against the plaintiffs.
1Per curiam
It appears by the affidavit upon which this motion was made that this defendant has not answered or demurred or otherwise moved in reference to the complaint since the same was served upon him. There is no allegation in the moving papers that a hill of particulars is necessary to enable the defendant to prepare his answer; and it is quite evident that it is not, as he can deny, either expressly or upon information and belief, the allegations contained in the complaint. We think, therefore, that this motion was prematurely made, and that at this stage of the action the facts necessary to be…
2Cited by8 opinions
- American Credit Indemnity Co. v. BondyAppellate Division of the Supreme Court of the State of New York · 1897
- McClellan v. DuncombeAppellate Division of the Supreme Court of the State of New York · 1898
- McClellan v. DuncombeAppellate Division of the Supreme Court of the State of New York · 1898
- Moot v. MootNew York Supreme Court · 1914
- Updike v. MaceAppellate Division of the Supreme Court of the State of New York · 1913
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