Spencer v. Fort Orange Paper Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Fort Orange Paper Company, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 4th day of March,. 1902, granting the plaintiff’s motion for a bill of particulars of certain items of the appellant’s answer.
1Opinion of the Court
Woodward, J.:
The granting or withholding of a bill of particulars is within the discretion of the court (Code Civ. Proc. § 531), and where there has been no abuse of this discretion the appellate Courts will not, as a rule, interfere. We find no such abuse in the matter now before us. The plaintiff, as the assignee of the Atchison Savings *75Bank in Kansas, brings this action to recover the amount of an accepted draft for $5,000. The assignment was made two years after the draft had been dishonored, and is, of course, subject to all of the defenses which might have been urged against the…
2Cited by4 opinions
- In re the Estate of HerleNew York Surrogate's Court · 1935
- In re the Estate of KusterNew York Surrogate's Court · 1956
- Messer v. AaronAppellate Division of the Supreme Court of the State of New York · 1905
- Loewenthal v. Globe & Rutgers InsuranceAppellate Division of the Supreme Court of the State of New York · 1909