Moody v. Belden
New York Supreme Court
Appeal from special term, Wayne county. Action by William D. Moody against Francis A. Belden and others. From so much of an order as denied plaintiff’s motion for judgment and for a bill of particulars, and also denied his motion to make more definite and certain paragraphs of the answer containing denials and allegations of payment, plaintiff appeals.
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Appeal from special term, Wayne county. Action by William D. Moody against Francis A. Belden and others. From so much of an order as denied plaintiff’s motion for judgment and for a bill of particulars, and also denied his motion to make more definite and certain paragraphs of the answer containing denials and allegations of payment, plaintiff appeals. The following opinion was filed by Mr. Justice Rtjmsey, who heard the motions at special term: “The answers contain several distinct defenses; among them, the defense of payment and a general denial, besides specific denials. The specific…
1Opinion of the CourtMacomber, J.
The motion made by the plaintiff at special term was (1) for the direction of judgment in his favor upon the answers as frivolous; (2) that if that part of the motion was denied, then that the defendants be required to make definite and certain the allegations of such answers; (3) that a bill of particulars of certain payments alleged as set-offs be delivered by the defendants to the plaintiff. The court at special term denied the motion for judgment and for a bill of particulars, but that part directing the defendants to make the answers in certain particulars definite and certain was…
2Cited by3 opinions
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- Barone v. O'LearyAppellate Division of the Supreme Court of the State of New York · 1899
- Miller v. WeaverOregon Supreme Court · 1915