Searle v. Halstead & Co. — 129 A.D. 899

Majority

p. 899

Clifford N. Searle, Respondent, v. Halstead & Company, Appellant.

Headnote

Appeal from an order entered in the Hew York county clerk’s office on the 10th day of Hovember, 1908, granting a bill of particulars.

The order appealed from should be modified by striking out clause D in that part of the order directing particulars as to the second separate

p. 900

and distinct defense, and by striking out subdivision E at the end of said order. As so modified the order should be affirmed, with ten dollars costs and disbursements to the defendant to abide the event. Present — Ingraham, Laughlin, Clarke, Houghton and Scott, JJ. Order modified as directed in opinion and as modified affirmed, with ten dollars costs and disbursements to defendant to abide event. Settle order on notice.