Mutual Life Insurance v. Granniss
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Robert A. Granniss, 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 2d day of October, 1906, denying, without prejudice to an application for a bill of particulars after issue joined, the defendant’s motion, made before answering the complaint, to have the complaint made more- definite and certain with respect to the first, second and fifth causes of action,…
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Appeal by the defendant, Robert A. Granniss, 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 2d day of October, 1906, denying, without prejudice to an application for a bill of particulars after issue joined, the defendant’s motion, made before answering the complaint, to have the complaint made more- definite and certain with respect to the first, second and fifth causes of action, or, in the alternative, for a bill of particulars concerning said causes of action.
1Opinion of the Court
Laughlin, J.:
The motion to make the complaint more definite and certain or, in the alternative, for a hill of particulars, were improperly joined, because one may only be made before and the other ordinarily only after pleading. Moreover, the motion having been made before .defendant answered and befóre it was rendered certain that the material allegations of the complaint would be controverted, and a bill of particulars not having been shown to be necessary to enable defendant to plead, it was premature in so far as it demands a bill of particulars, and was, therefore, in that regard…
2Cases cited3 opinions
- Tilton v. . BeecherNew York Court of Appeals · 1874
- American Credit Indemnity Co. v. BondyAppellate Division of the Supreme Court of the State of New York · 1897
- Mutual Life Insurance v. McCurdyAppellate Division of the Supreme Court of the State of New York · 1907
3Cited by1 opinion
- Peters v. United Holding Corp.New York Supreme Court · 1931