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Searle v. Halstead & Co.

113 N.Y.S. 1146 Court N.Y. App. Div. Decision date 1908-12-24 English

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p. 1146
SEARLE v. HALSTEAD & CO.
(Supreme Court, Appellate Division, First Department.
December 24, 1908.)

Headnote

Appeal from Trial Term, New York County. Action by Clifford N. Searle against Halstead & Co. From an order granting a bill of particulars, defendant appeals. Modified and affirmed. William H. Wadhams, for appellant. Philip B. Adams, for respondent.

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 and distinct defense, and by striking out subdivision E at the end of said order. As so modified, the order should be affirmed, with $10 costs and disbursements to the defendant to abide the event.