Constable v. Hardenbergh
New York Supreme Court
Appeal from special term, New York county. Action by James M. Constable and others against Matthew Hardenbergh and others. From an order requiring plaintiffs to furnish a bill of particulars, plaintiffs appeal. Reversed. This action was brought to set aside a general assignment for the benefit of creditors, made by the defendants Hardenbergh and Kelly to the defendant Hugo Hirsh, as assignee, upon various grounds stated in the complaint.
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Appeal from special term, New York county. Action by James M. Constable and others against Matthew Hardenbergh and others. From an order requiring plaintiffs to furnish a bill of particulars, plaintiffs appeal. Reversed. This action was brought to set aside a general assignment for the benefit of creditors, made by the defendants Hardenbergh and Kelly to the defendant Hugo Hirsh, as assignee, upon various grounds stated in the complaint. After the complaint was served, the defendants demanded a bill of particulars of the allegations set forth in the plaintiffs’ complaint, specifying, (1) as…
1Opinion of the CourtO’Brien, J.
Section 531 of the Code provides that “the court may in any case direct a bill of particulars .of the claim of either party to be delivered to the adverse party.” Although the language of this section is clear and unambiguous, we feel called upon, from time to time, to repeat it, because counsel, in support of one view or the other, insist on arguing that there is a class of cases wherein a bill of particulars will be, and a class of cases in which one will not be, ordered. In a late case, where we had occasion to examine this question, of Faxon v. Ball, (Sup.) 21 N. Y. Supp. 737, it was said:
2Cases cited2 opinions
- Passavant v. CantorNew York Supreme Court · 1888
- Faxon v. BallNew York Supreme Court · 1893
3Cited by5 opinions
- Van Olinda v. HallNew York Supreme Court · 1894
- Messer v. AaronAppellate Division of the Supreme Court of the State of New York · 1905
- Dorgan v. ScheerCity of New York Municipal Court · 1900
- Webster v. Fitchburg RailroadNew York Supreme Court · 1900
- New York Edison Co. v. McDonaldCity of New York Municipal Court · 1907