Legal Opinion

Home-Maker Co. v. Alley

New York Court of Common Pleas

Decided December 5, 1892Published

Appeal from special term. Action by the Home-Maker Company against Charles K. Alley. From an order denying a motion for a bill of particulars, defendant appeals. Affirmed.

1Opinion of the CourtPryor, J.

For cause of action the complaint alleges that defendant neg- . lected and refused to mail the March number of plaintiff’s magazine to subscribers and advertisers, and wrongfully held and retained the mailing list and the edition of said magazine, to his' damage $2,500. Defendant wants to know how much plaintiff was damaged, (1) by failure to mail to subscribers; (2) by failure to mail to advertisers; (3) by detention of the mailing list, and (4) by detention of the edition. This information the learned judge at special term refused to require the plaintiff to furnish.

The order appealed from…

2Cases cited2 opinions

  1. American Multiple Fabric Co. v. Eureka Fire Hose Co.New York Supreme Court · 1886
  2. Passavant v. CantorNew York Supreme Court · 1888

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