Royle v. Goodwin
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Nathaniel 0. Goodwin, from 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 12th day of September, 1904, denying the defendant’s motion for a bill of particulars.
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Appeal by the defendant, Nathaniel 0. Goodwin, from 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 12th day of September, 1904, denying the defendant’s motion for a bill of particulars. The amended complaint in the action alleged that the plaintiff was the owner of a play entitled “ My Wife’s Husbands,” and that she entered into a contract with the defendant, an actor, by which the latter agreed to produce said play throughout the entire theatrical season of 1903-1904, and to pay the plaintiff certain…
1Opinion of the Court
Per Curiam :
The defendant was entitled to have a bill of particulars of the special damage claimed to have been sustained by the plaintiff. H. was entitled to know at what cities and in what theatres, and when, the play “ My Wife’s Husbands ” had been successfully produced before the public.
He was also entitled to know the names and addresses of any members of the public at large who have been led to believe that the play described in the amended complaint was not a dramatic success, ánd was not calculated to amuse and edify the public by reason of the breach of the contract by the defendant.
H…
2Cited by3 opinions
- Husted v. A. P. Husted Co.Appellate Division of the Supreme Court of the State of New York · 1920
- Knickerbocker Trust Co. v. PackardAppellate Division of the Supreme Court of the State of New York · 1905
- United States Paper Co. v. De HavenAppellate Division of the Supreme Court of the State of New York · 1906