Dueber Watch-Case Manufacturing Co. v. Keystone Watch-Case Co.
New York Supreme Court
Appeal from special term, New York county. Action by the Dueber Watch-Case Manufacturing Company against the Keystone Watch-Case Company and others for damages for an alleged boycott and conspiracy. Defendant Keystone Watch-Case Company moved for a bill of particulars, and its motion was granted in part and denied in part. - From so much of the order as denied the motion said defendant appeals. Affirmed. For decision at special term, see 21 N. Y. Supp. 311.
1Opinion of the CourtBarrett, J.
The application'for a bill of particulars of the plaintiff’s claim was granted in part and denied in part. The defendant the Keystone Watch-Case Company appeals upon the ground that the motion should have been granted in its entirety. We think, however, that the motion should have been denied in its entirety, for the reason that it was not founded upon an affidavit made by the defendant. The only affidavit upon which 'the motion was founded was that of the defend*343ant’s attorney, and it has been settled, by repeated adjudications, that such an affidavit is insufficient. The only reason given by…
2Cited by6 opinions
- Van Olinda v. HallNew York Supreme Court · 1894
- Wales Manufacturing Co. v. LazzaroAppellate Terms of the Supreme Court of New York · 1897
- St. Regis Paper Co. v. Santa Clara Lumber Co.Appellate Division of the Supreme Court of the State of New York · 1906
- Gallerstein v. Manhattan Railway Co.Appellate Terms of the Supreme Court of New York · 1899
- Groff v. HaganCity of New York Municipal Court · 1895
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