Legal Opinion

Perzel v. Shook

The Superior Court of New York City

Decided March 21, 1884Published

Appeal from order striking out demand for bill of particulars. Plaintiff brings this action to recover thirteen hundred and twenty-six dollars for breach of contract.

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Appeal from order striking out demand for bill of particulars. Plaintiff brings this action to recover thirteen hundred and twenty-six dollars for breach of contract. The answer, among other things, sets up three counterclaims, two of them for work labor and services performed for plaintiff by parties who are alleged to have assigned their claims therefor to the defendants, and the third alleges “ that between the 20th day of August and the 1st day of September, 1883, defendants laid but and expended for the plaintiff and at his request, for gas, labor, and materials, and paid and advanced to…

1Opinion of the Court

By the Court.—O’ Gorman, J.In answer to the plaintiff’s complaint, and as counter-claims, the defendants alleged the assignment to them of certain claims against the plaintiff, as set off in paragraphs 14 and 16 of the answer; and also set up as a further counter-claim, in paragraph 13, the payment, &c., by defendant, of certain moneys in plaintiff’s behalf. Plaintiff replied admitting the allegations contained in the 14th and 16th paragraphs of the answer. They then made a demand fora bill of particulars of all the counter-claims. The defendants thereupon moved to set aside and strike out…

2Cases cited1 opinion

  1. Butler v. MannNew York Supreme Court · 1880

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