Cunard v. . Francklyn
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the first judicial department, made March 2, 1888, which affirmed an order of Special Term directing defendant to furnish to plaintiff a bill of particulars. (Reported below, 49 Hun, 233.) ' • The facts are sufficiently stated in the opinion. If the plaintiff objects to the defense as containing evidence in addition to the matter properly pleaded, his remedy was by motion to strike out the redundant matter. (Al.
Read the full summary
Appeal from order of the General Term of the Supreme Court in the first judicial department, made March 2, 1888, which affirmed an order of Special Term directing defendant to furnish to plaintiff a bill of particulars. (Reported below, 49 Hun, 233.) ' • The facts are sufficiently stated in the opinion. If the plaintiff objects to the defense as containing evidence in addition to the matter properly pleaded, his remedy was by motion to strike out the redundant matter. (Al. Ins. Co. v. Cleveland, 14 How. Pr. 408; Nelson v. Blanchfield, 54 Barb. 630; Parsons v. Hughes, 9 Paige, 591; Adams v.…
1Opinion of the CourtGray, J.
If the court had the power to order a bill of particulars in this action, then its exercise of that power will not be reviewed by us. The purpose of its exercise, in every case, must be deemed to be, as it was said in Dwight v. Germania Insurance Company (84 N. Y. 493), " to reach exact justice between the parties, by learning just what is the truth, and to learn what is the truth by giving to each party all reasonable opportunity to produce his own proofs and to .meet and sift those of his adversary.” There is no restriction upon the power; it extends to all descriptions of actions, where…
2Cases cited2 opinions
- Dwight v. . Germania Life Insurance Co.New York Court of Appeals · 1881
- Witkowski v. . ParamoreNew York Court of Appeals · 1883
3Cited by19 opinions
- Northway Eng'g v. FELIX INDUSNew York Court of Appeals · 1991
- Roth v. Baltimore Trust Co.Court of Appeals of Maryland · 1931
- Burns v. LipsonAppellate Division of the Supreme Court of the State of New York · 1923
- Rakov v. GingoldNew York Supreme Court · 1959
- Goldberg v. National Surety Co.Appellate Division of the Supreme Court of the State of New York · 1919
14 more not listed; retrieve them via the Exa API.