Locker v. American Tobacco Co.
District Court, S.D. New York
At Raw. Action by John A. Locker and another, trading as E. Locker & Co., against the American Tobacco Company, the Metropolitan Tobacco Company, and others. On application for bill of particulars.
1Opinion of the Court
WARD, Circuit Judge.
The court, when asked to order a bill of particulars, has to steer between two evils, namely, unreasonably restricting the plaintiff’s case or exposing the defendant to surprise at the trial.
[ 1 ] The combination alleged in the complaint is not one against the plaintiff specifically, in which case greater particularity might be required, but against the public generally. The proof of it may be founded on inferences to be drawn from the course of business, and the plaintiffs may be unable to state specific details. The other defendants, the American Tobacco Company, the…
2Cited by4 opinions
- United States v. United Shoe Machinery Co.District Court, E.D. Missouri · 1916
- Territory v. PalaiHawaii Supreme Court · 1916
- Harry Prochaska, Inc. v. Consolidated Lithographing Corp.District Court, S.D. New York · 1931
- Hammond Bag & Paper Co. v. Bag & Machine Corp.District Court, D. Delaware · 1932