McCarron v. Sire
City of New York Municipal Court
Action for slander. Plaintiff served a bill of particulars stating the names, to the best of his knowledge and information, of the persons in whose presence the alleged slander was spoken, but not stating the place or places. This bill of particulars was not verified. Defendant now moves for a further bill of particulars, which should state the hour of the day when the alleged slander was spoken.
1Opinion of the CourtPitshke, J.
The power of the court to order a bill of particulars extends to all descriptions of action, whether on tort or ex contractu, and both as to matters of affirmative relief (in a plaintiff’s complaint or defendant’s counterclaim-) and as to matters set up in a defendant’s answer by way of “defense,” or as a reason why judgment should not go against him. The details may be required, and for non-obedience a proper disability or penalty may be affixed. Dwight v. Insurance Co., 84 N. Y. 493, 502, 503, 506; Kelsey v. Sargent, 100 N. Y. 602, 3 N. E. Rep. 795; Gross v. Clark, 1 Civ. Proc. R. 464. The…
2Cases cited5 opinions
- Dwight v. . Germania Life Insurance Co.New York Court of Appeals · 1881
- Witkowski v. . ParamoreNew York Court of Appeals · 1883
- Orvis v. DanaNew York Court of Common Pleas · 1876
- Kelsey v. . SargentNew York Court of Appeals · 1885
- People v. NolanNew York Supreme Court · 1882
3Cited by2 opinions
- Buckley v. Franklin Savings BankAppellate Division of the Supreme Court of the State of New York · 1939
- Butterfield v. BennettThe Superior Court of the City of New York and Buffalo · 1892