Cornish v. Wormser
New York Supreme Court
Appeal from special term, Sew York county. Action by Louis M. Cornish and another against Maurice S. Wormser, on a check for $5,000, made by defendant, payable to plaintiffs’ order. The answer admits the check, but sets up various counter-claims, etc. Defendant appeals from an order denying a motion for a discovery to enable him to furnish a bill of particulars.
1Opinion of the CourtVan Brunt, P. J.
We are of the opinion that the court in a proper case has the power to order a discovery or inspection of books and papers to enable a party to frame a bill of particulars. Ball v. Publishing Co., 48 Hun, 149. It is true that rule 14 speaks of applications for discovery for the purpose of enabling a party to frame his complaint or answer, but it also provides that either party may be compelled to make discovery as provided by article 4, tit. 6, c. 8, Code Civil Proc. This rule is passed pursuant to section 804 of said Code, which provides that the general rules of practice must prescribe the…
2Cited by2 opinions
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