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Grunspan v. Walling

121 N.Y.S. 270 Court N.Y. App. Div. Decision date 1910-02-11 English

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p. 270
GRUNSPAN v. WALLING.
(Supreme Court, Appellate Division, First Department.
February 11, 1910.)

Headnote

Pleading (§ 327[1] )—Bill of Particulars.
Plaintiff cannot be compelled by a bill of particulars to elect on which promise she will rely.
[Ed. Note.—For other cases, see Pleading, Cent. Dig. § 994; Dec. Dig. § 327.[1] ]
Appeal from Special Term, New York County.
Action by Anna B. Grunspan against William E. Walling. Broman order granting a motion for an amended bill of particulars, plaintiff appeals.
Reversed, and motion denied.
Argued before INGRAHAM, P. J., and LAUGHLIN, CLARKE,. SCOTT, and MILLER, JJ.
Arthur M. Wickwire, for appellant;
Emil E. Fuchs, for respondent.

The court could not compel the plaintiff by a bill of particulars to elect on which promise she should rely.

The order should, therefore, be reversed, with $10 costs and disbursements, and the motion denied, with $10 costs.