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Canton v. Atlantic Fruit & SteamShip Co.

142 N.Y.S. 1111 Court N.Y. App. Div. Decision date 1913-06-17 English

Delivered by BIJUR, J.

Contents

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p. 1111
CANTON v. ATLANTIC FRUIT & STEAMSHIP CO.
(Supreme Court, Appellate Term, First Department.
June 17, 1913.)

Headnote

Appeal from City Court of New York, Special Term, Action by William T. Canton against the Atlantic Fruit & ■ Steamship Company. From an order denying a motion for a bill of particulars, defendant appeals. Modified and affirmed, Ralph James M. Bullowa, of New York City, for appellant. Alexander Marks, for respondent

The defendant is entitled to the particulare as to whether the agreement was oral or written, and all the terms thereof; _ He is also entitled to know the particulars of plaintiff’s claim of special damage, namely, that he “has been prevented from attending to his business as merchant. These are items A and I in the no-ti.ee of motion for the bill. The order should be modified, by adding those to the items allowed, and, as so modified, affirmed, with disbursements to appellant.