Prescott v. Guibord

This is an appeal from an order at Special Term striking out certain allegations of the complaint upon the grounds that the same are unnecessary, immaterial and tend to prejudice, embarrass and delay a fair trial.

The complaint covers sixty-one pages of the record and the court has stricken out approximately one-third of the matter contained therein. The theory of the action, as stated by the plaintiffs in their brief, is that it is one to recover damages for alleged fraud on the part of the defendants, consisting of various misrepresentations and a course of conduct extending over some period…