Legal Opinion
Trubenizing Process Corp. v. Jacobson
District Court, S.D. New York
Decided February 25, 1935Published
1Opinion of the Court
PATTERSON, District Judge.
The suit is one in equity for infringement of patent. The defendants have moved for bill of particulars. The sole objection by the plaintiff is that the defendants have not yet answered the bill and that a motion for particulars is premature until after answer filed.
It is true that under the present practice in the New York courts the defendant may not in the usual case compel the plaintiff to 'furnish a bill of particulars prior to service of answer and joinder of issue. Ehrich v. Dessar, 130 App. Div. 110, 114 N. Y. S. 271; Bracken v. Toland, 153 App. Div. 57, 137…
2Cases cited5 opinions
- Bronson v. SchultenSupreme Court of the United States · 1882
- Bennett v. ButterworthSupreme Court of the United States · 1851
- Standard Oil Co. v. Roxana Petroleum CorporationDistrict Court, S.D. Illinois · 1925
- Bracken v. TolandAppellate Division of the Supreme Court of the State of New York · 1912
- Ehrich v. DessarAppellate Division of the Supreme Court of the State of New York · 1909