Cohen v. Eagle Pencil Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Eagle Pencil Company and another, from an order of the Supreme Court, made at Special Term and entered in the office of the clerk of the county of Kings on the 9th day of February, 1915, refusing a further bill of particulars as demanded by said defendants.
1Per curiam
According to the present bill of particulars, defendants’ charge against plaintiff of receiving stolen goods and the prosecution therefor, was by the Eagle Pencil Company, through its treasurer, so as to involve both principal and agent, who are joined as tort feasors. Where the acts are distinctly pointed out, plaintiff should not be made to attempt what is hardly possibly, namely, to differentiate those which he did as an individual from acts committed as an officer of the corporation. Had the plaintiff pleaded that, in consequence of his arrest and prosecution, he had lost certain…
2Cases cited1 opinion
- Evins v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1900
3Cited by1 opinion
- Kosiorek v. HodgkinsonAppellate Division of the Supreme Court of the State of New York · 1951