Watson v. Universal Transportation Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, William M. Watson and others, copartners, etc., from so much of 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 18th day of August; 1920, as requires the plaintiffs to give a bill of particulars of the consideration of a negotiable instrument upon which the plaintiffs sue.
1Opinion of the Court
Pee Ctjeiam :
So much of this order as granted to the defendant the right to a bill of particulars from the plaintiffs of the consideration of the instrument sued upon must be reversed for the reason that the consideration of the instrument is not made an issue by the pleadings. Where the action is upon a negotiable instrument, in order to raise the issue of want of consideration the defendant must allege affirmatively that the instrument was without consideration. (See Abrahamson v. Steele, 176 App. Div. 865.) Not being able to question the consideration the defendant is not entitled to a…
2Cases cited1 opinion
- Abrahamson v. SteeleAppellate Division of the Supreme Court of the State of New York · 1917
3Cited by3 opinions
- Ensign v. KlekoskyNew York Supreme Court · 1959
- Rochester Iron & Metal Co. v. Capellupo, New York County Courts1969
- Kopp v. NichthauserAppellate Terms of the Supreme Court of New York · 1922