McManus v. Larson

TAPPAAN, J., pro tem.

Plaintiff as assignee of an attorney instituted this action to recover from defendants the sum of $4,000 alleged to be due upon an “open, mutual and current account”. On March 29, 1929, defendants caused to be served upon plaintiff a demand for a bill of particulars of the items of the account sued upon. Thereafter and on April 8, 1929, plaintiff having failed to serve or file a bill of particulars as demanded, defendants’ attorney communicated with one of plaintiff’s attorneys, and called his attention to the fact that more than five days had elapsed since the service of…