Commercial National Bank of Chicago v. Hand
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Elwood S. Hand, from an order of the Supreme Court, made at the Hew York Special Term and entered in the office of ■ the clerk of the county of Hew York on the 12th day' of June, 1896, directing him to serve a bill of particulars.
1Opinion of the Court
O’Brien, J.:
The action is brought by a foreign corporation upon a judgment, and the defense consists of a counterclaim for damages resulting from the non-payment of checks drawn by defendant upon the plaintiff and the protest of such checks, defendant having on deposit with the plaintiff, at the time, funds in an amount more .than sufficient to meet the checks. • The answer contains a list of parties with whom defendant had dealt and who curtailed his credit after dishonor .of the checks.
The allegation of damage is : “ That by reason of the refusal of the plaintiff to honor and pay said…
2Cases cited2 opinions
- Peabody v. CortadaNew York Supreme Court · 1892
- Stokes v. StokesNew York Supreme Court · 1893
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