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Hicks v. New Jersey Car-Spring & Rubber Co.

52 N.Y.S. 1143 Court N.Y. App. Div. Decision date 1898-05-10 English

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Majority

p. 1143
HICKS, Respondent, v. NEW JERSEY CAR-SPRING & RUBBER CO., Appellant.
(Supreme Court, Appellate Division, Second Department.
May 10, 1898.)

Headnote

Action by John B. Hicks against the New Jersey Car-Spring & Rubber Company.

No opinion. Order modified by striking out the provision that, in default of the service of the bill of particulars, the answer of defendant be stricken out, and in lieu thereof providing that, in case of such default, the defendant "be precluded from giving evidence on the trial of the allegation, a bill of particulars of which, by said order, he is directed to furnish, without costs to either party. See 47 N. Y. Supp. 1137 , and 49 N. Y. Supp. 401 .