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Branaugh v. Hill

137 N.Y.S. 1112 Court N.Y. App. Div. Decision date 1912-09-27 English

Contents

Majority

p. 1112
BRANAUGH, Respondent, v. HILL et al., Appellants.
(Supreme Court, Appellate Division, Third Department.
September 27, 1912.)

Headnote

Action by Henry Branaugh, as administrator, etc., of Thomas Branaugh, deceased, against Emory A. Hill and others.

Order appealed from modified, by inserting a provision therein giving leave to the defendant to re-serve the bill of particulars already served as to the matters contained in the sixth paragraph of defendant’s answer, or to serve a new bill of particulars thereof, either of which he may do within 20 days, upbn payment of $10 costs, and further modified by adding a provision that as to the bill of particulars relative to dates and of what the payments consisted, whether money, merchandise, services, or otherwise, the defendant should give the same as near as possible, and further modified by striking out the provision precluding testimony, and, as so modified, the order is affirmed, without costs of appeal.