Evening Herald Co. v. Kilmer
Appellate Division of the Supreme Court of the State of New York
Cross-appeals by the plaintiff, The Evening Herald Company, and the defendants, Willis Sharpe Kilmer and another, from an order of the Supreme Court, made at the Broome Special Term and entered in the office of the clerk of the county of Broome on the 17th day of August, 1915, modifying a prior order made on the 25th day of June, 1915, directing the examination of the defendants before trial.
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Cross-appeals by the plaintiff, The Evening Herald Company, and the defendants, Willis Sharpe Kilmer and another, from an order of the Supreme Court, made at the Broome Special Term and entered in the office of the clerk of the county of Broome on the 17th day of August, 1915, modifying a prior order made on the 25th day of June, 1915, directing the examination of the defendants before trial. The appeals are heard in this department pursuant to an order of the Appellate Division of the Third Department made under section 231 of the Code of Civil Procedure. (See 171 App. Div. 969.)
1Per curiam
The action is for damages for conspiracy to injure and destroy the business of plaintiff by founding for that purpose a rival newspaper in plaintiff’s field, and enticing away plaintiff’s subscribers, advertisers, patrons and employees.
On affidavits tending to show that defendants were ignorant as to certain alleged specific acts of defendants and their agents in furtherance of such conspiracy, the court ordered plaintiff to furnish a bill of particulars, among other things, as to the time when defendants sent an emissary to plaintiff’s president with a proposition looking to the abandonment…
2Cases cited1 opinion
- Evening Herald Co. v. KilmerAppellate Division of the Supreme Court of the State of New York · 1915
3Cited by1 opinion
- Evening Herald Co. v. KilmerAppellate Division of the Supreme Court of the State of New York · 1915