Mills v. Finley Robertson Porter Co.

Smith, J.:

The motion was denied upon the opinions in this court in the cases of Ebin v. Equitable Life Assurance Society (177 App. Div. 458) and Yangtsze Ins. Assn., Ltd., v. Stark & Co., Inc. (195 id. 401). Those cases lay down the rule of practice that the court will not require a bill of particulars of the defense of payment unless very special reasons appear why such an order should be made. In my judgment such reasons do appear in this action.

In the first place, the action is brought by an assignee who can have no personal knowledge presumptively of any payments made by the defendant. In…