Nieury v. O'Hara
New York Supreme Court
In Equity. This was a motion to dissolve an injunction staying proceedings in an action at law, granted upon filing a bill of discovery. The defendant had commenced against the plaintiff two suits in the New-York superior court; one in trover, the other in assumpsit.
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In Equity. This was a motion to dissolve an injunction staying proceedings in an action at law, granted upon filing a bill of discovery. The defendant had commenced against the plaintiff two suits in the New-York superior court; one in trover, the other in assumpsit. The declaration in the former action showed that the plaintiff’s claim in that suit was for the conversion of three pagaris, or promissory notes, made in the island of Porto Rico, amounting to about $7000. In the latter action, the declaration contained merely the common money counts; and in a bill of particulars furnished in…
1Opinion of the CourtHarris, J.
The substance of the plaintiff’s bill is that he has been sued by the defendant in an action of assumpsit; that although he has diligently invoked the aid of the court in which the suit is brought, he has been unable to ascertain for what he has been sued, and therefore, that he may know beforehand, he asks a discovery of the plaintiff’s real cause of action. In other words, he asks this court to furnish him with the means of obtaining from the defendant, what the superior court refused to allow him, a further bill of the particulars of the plaintiff’s demand. It is not easy to see why .the…
2Cases cited1 opinion
- Williams v. HardenNew York Court of Chancery · 1845
3Cited by4 opinions
- Nashville, Chattanooga & St. Louis Railway Co. v. JenkinsTennessee Supreme Court · 1927
- Glenney v. StedwellNew York Court of Appeals · 1876
- Brevoort v. WarnerNew York Supreme Court · 1853
- In re AdamsDistrict Court, S.D. New York · 1868