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Bell's Asbestos Co. v. H. W. Johns Manufacturing Co.

38 N.Y.S. 902 Court N.Y. App. Div. Decision date 1896-04-24 English

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p. 902
BELL’S ASBESTOS CO. v. H. W. JOHNS MANUF’G CO.
(Supreme Court, Appellate Division, First Department.
April 24, 1896.)

Headnote

Pleading—Bill of Particulars—Premature Application.
A motion made before issue joined to require plaintiff to serve a bill of particulars, unless needed for the purpose of preparing the answer, is premature and should .Jpe denied.
Appeal from special term, New York county.
Action by Bell’s Asbestos Company against the H. W. Johns Manufacturing Company. From an order directing service of a bill of particulars, plaintiff appeals.
Reversed.
Argued before VAN BRUNT, P. J., and WILLIAMS, PATTERSON, O’BRIEN, and INGRAHAM, JJ.
Herbert Barry, for appellant.
L. E. Sexton, for respondent.

It appears from an. examination of the papers upon this appeal that the bill of particulars was not needed for the purpose of preparing the answer to be put in to the plaintiff’s complaint, and therefore the motion was prematurely made, and should have been denied. It may, however, be proper to grant a bill as to some of the particulars referred to in those papers in order that the defendant may prepare for trial.

Order reversed, with $10 costs and disbursements, and motion denied, with $10 costs, with leave to renew after issue joined.