American Credit Indemnity Co. v. Bondy
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, The American " Credit Indemnity Com- ■ pany, from an order, of the Supreme Court, made at the New York Special Term and'entered in the office of the clerk of the county of New York on the 9th day of March, 1897, granting the defendant’s motion for a bill of particulars.
1Opinion of the Court
Williams, J.:
The action was brought to recover damages for an alleged libel. ’ The hill of particulars granted was with reference to- certain allegations of special damage. No answer had been served when the order appealed from was made. The defendant stated in his affidavit *329need on the motion that a bill of particulars was necessary and material to his defense in the case, and to enable him to answer, as he was advised by his counsel.
The order was prematurely granted if based upon the ground that it was necessary for the purpose of the defense of the case. It could not be said any defense…
2Cases cited1 opinion
- Watertown Paper Co. v. WestAppellate Division of the Supreme Court of the State of New York · 1896
3Cited by13 opinions
- Hicks v. EgglestonAppellate Division of the Supreme Court of the State of New York · 1904
- McClellan v. DuncombeAppellate Division of the Supreme Court of the State of New York · 1898
- McClellan v. DuncombeAppellate Division of the Supreme Court of the State of New York · 1898
- Sidney B. Bowman Cycle Co. v. DyerAppellate Terms of the Supreme Court of New York · 1898
- Fidelity Glass Co. v. Thatcher Manufacturing Co.Appellate Division of the Supreme Court of the State of New York · 1903
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