Wilson & Baillie Manufacturing Co. v. Dumary
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, the Wilson & Baillie Manufacturing Company, from an order of the Supreme Court, made at the Rensselaer Special Term and entered in the office of the clerk of the county of Albany on the 6th day of June, 1910, directing the plaintiff to furnish a bill of particulars.
1Opinion of the Court
Houghton, J.:
The action is for money loaned to and expended by the plaintiff for the defendant. Annexed to ' the complaint and made a part of it is a full debit and credit account of the transactions had between the parties upon which the plaintiff bases its cause of action.
On motion of the defendant the court required the plaintiff to furnish a bill of particulars of the time when the amount claimed by plaintiff was advanced to the defendant, and the place where, and whether paid in cash or by check, and also who was present when the loan was made, and whether the defendant delivered any…
2Cases cited1 opinion
- Seed v. FairchildAppellate Division of the Supreme Court of the State of New York · 1903
3Cited by4 opinions
- McCready v. Island Park-Long Beach, Inc.Appellate Division of the Supreme Court of the State of New York · 1932
- Block v. FairbairnNew York Supreme Court · 1972
- Goldsmith v. GoldsmithNew York Supreme Court · 1958
- Sigerist v. McGarrettAppellate Division of the Supreme Court of the State of New York · 1958