Brauer v. Oceanic Steam Navigation Co.
Appellate Division of the Supreme Court of the State of New York
Appeal from special term. Action by William W. Brauer against the Oceanic Steam Navigation Company, Limited. From an order granting a bill of particulars, plaintiff appeals. The complaint was unverified.
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Appeal from special term. Action by William W. Brauer against the Oceanic Steam Navigation Company, Limited. From an order granting a bill of particulars, plaintiff appeals. The complaint was unverified. It alleged that defendant agreed to let to plaintiff the cattle space in seven steamships, to carry cattle to Liverpool, from December 1, 1897, to November 30, 1898; that this freight space would have accommodated 52,000 head of cattle; that, relying on the agreement, plaintiff had made arrangements to purchase cattle for such shipment; that defendant refused to carry out the contract, and…
1Per curiam
We think that it was entirely proper to order a bill of particulars as to the items mentioned in the first and second paragraphs, of the order, hut it seems to us that the items of profit which the plaintiff claims he could have realized on the cattle mentioned in the complaint should not have been required to be stated in the bill of particulars. No sufficient time was given to the plaintiff in which to furnish such bill of particulars, and he should not have been required to furnish a verified bill.
The order should therefore be modified by directing the service of an unverified bill of…
2Cited by2 opinions
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