Wooster v. Bateman
The Superior Court of the City of New York and Buffalo
Appeal from special term. Action by George H. Wooster against Horatio Bateman, impleaded, etc. From an order granting a motion for bill of particulars, plaintiff appeals.
1Opinion of the CourtG-Ildebsleeve, J.
After a careful examination of the papers before us we are of opinion that the order appealed from should be affirmed. While it may be fairly said that the defendants are familiar with the transactions out of which the plaintiff’s claim arises, they are entitled to be informed of the particular damage for which a recovery is sought, or the items that- go to malte up the damage of $7,500, alleged in general terms in the complaint. With such information, surprise will be avoided. The defendants can prepare to meet the plaintiff’s claim, and the scope of the inquiry upon the trial will be…
2Cited by2 opinions
- In re National Gramophone Corp.Appellate Division of the Supreme Court of the State of New York · 1903
- In re Directors of National Gramophone Corp.Appellate Division of the Supreme Court of the State of New York · 1903