Dueber Watch Case Manufacturing Co. v. American Waltham Watch Co.
New York Supreme Court
Motion for a further bill of particulars. The action was brought by the Dueber Watch Case Manufacturing Company against the American Waltham Watch Company and others, to recover damages caused to plaintiffs business by an agreement between defendants not to sell any goods manufactured by them to anyone who should buy or sell plaintiffs goods, and the sending of notices of such agreement to plaintiff’s customers.
1Opinion of the CourtLawrence, J.
The bill of particulars already served gives the names and addresses of the persons and firms to whom notices were sent, and who, in consequence of the *413receipt of such notices, withdrew their patronage, and thereupon ceased to trade with the plaintiff, but no dates or times are given. I think that the defendants are entitled to a further bill of particulars, stating more definitely the times when the former purchasers withdrew their patronage, and giving some description of the goods and their value which, it is claimed, said purchasers refused to purchase in consequence of the receipt of the…
2Cases cited2 opinions
- Peabody v. CortadaNew York Supreme Court · 1892
- American Multiple Fabric Co. v. Eureka Fire Hose Co.New York Supreme Court · 1886