King v. Craddock

Order reversed, with ten doUars costs and disbursements, and motion granted unless defendants Craddock serve a biU of particulars in accordance with the demand within ten days of the date of the service of the order, with ten doHars costs. Memorandum: One of the objects of a bill of particulars is to ascertain facts — not as they actuaUy exist, but as the party from whom the biU is sought wiH claim them to be when eaUed upon to prove his cause of action. (Havholm v. Whale Creek Iron Works, 159 App. Div. 578, 582; American Condiments Co. v. Audit Co. of N. Y., 164 id. 927, 928.) As plaintiff…