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Arkenburgh v. Milroy

177 A.D. 881 Court N.Y. App. Div. English

Contents

Majority

p. 881
Marjory H. Arkenburgh, Respondent, v. James William Milroy, Appellant.

Headnote

Appeal from an order granting the plaintiff’s motion for a bill of particulars.

The order appealed from is modified by inserting after the word “granted” the following: “To this extent stating, 1: whether said alleged agreement to cancel said contract of marriage was verbal or in writing; if in writing set forth a copy of the same. 2. Giving the exact street address and city where said agreement of cancellation was made and entered into; and in all other respects denied.” And also by inserting between the words “date” and “of” the following: “of service of a copy with notice.” And as so modified affirmed, without costs. Present — Clarke, P. J., Scott, Page, Davis and Shearn, JJ. Order modified as stated in opinion, and as modified affirmed, without costs. Order to be settled on notice.