Williams v. Shaw
New York Supreme Court
Motion for a further bill of particulars. The complaint in this action, which was by Francis Y. Williams against James E. Shaw, alleged the sale and delivery to the defendant, at various times during the year 1850, of building materials and foundation stone of the value $1,492.41; and that during the year 1850, and subsequent thereto, defendant made various payments for and on account of said stone, &c.; and that after deducting such payments, there was still a balance due…
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Motion for a further bill of particulars. The complaint in this action, which was by Francis Y. Williams against James E. Shaw, alleged the sale and delivery to the defendant, at various times during the year 1850, of building materials and foundation stone of the value $1,492.41; and that during the year 1850, and subsequent thereto, defendant made various payments for and on account of said stone, &c.; and that after deducting such payments, there was still a balance due to the plaintiff, for which he claimed judgment. The defendant demanded “ a copy of the account alleged in the complaint,…
1Opinion of the CourtPeabody, J.
—Plaintiff is not bound to furnish particulars of set-offs or payments by defendant, with which he volunteers to credit him in his complaint. As to particulars of plaintiff’s claim, he swears he has given them as fully as he can, and all he has of them; and though they are somewhat vague, perhaps nothing more can be required of him.
The motion for further particulars, in both its branches, must be denied; but without costs.
2Cited by4 opinions
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