Casassa v. A. Cuneo Co.
Appellate Terms of the Supreme Court of New York
Appeal from City Court of New York, Special Term. Action by Domenico Casassa against the A. Cuneo Company. From an order granting plaintiff’s motion for a bill of particulars, defendant appealed. Order reversed, and motion denied.
1Opinion of the CourtMacLEAN, J.
The plaintiff brought this action upon a complaint, verified by his attorney, -to recover the price of goods sold and delivered. In its amended answer the defendant alleged in each of its two separate defenses, as also in its counterclaim, that:
“Said wine was not free from all defects, and good and marketable, but, on the contrary, was defective and unmarketable.”
Thereafter plaintiff’s attorney applied to the court, upon an order to show cause running in the alternative, to make the amended answer more definite and certain or for a bill of particulars, by stating, among other things, the…
2Cases cited2 opinions
- Kavanaugh v. Commonwealth Trust Co.New York Supreme Court · 1904
- Sheldon v. SheldonAppellate Division of the Supreme Court of the State of New York · 1904