Majority
p. 568BURRELL v. COLES. (City Court of New York, General Term. November 18, 1898.) Argued before FITZSIMONS, C. J., and COMAN and O’DWYEB, JJ.
Headnote
Pleading—Charge op Licentious Conduct—Bill of Particular's.Where an answer charging plaintiff with improper and licentious conduct is denied, it is proper to require a bill of particulars to specify all the details on which defendant expects to rely to prove the improper conduct.
Appeal from special term.
Action by Blanche A. Burrell against William F. Coles. From an order requiring defendant to file a bill of particulars, defendant appeals.
Affirmed.
B. W. Moore, for appellant.
P. 8. Jones, for respondent.
The charge made by the defendant that the plaintiff was guilty of improper and licentious conduct, as alleged in his answer, is certainly a very serious one, and, in view óf the plaintiff’s denial, we think that the defendant should in his bill of particulars specify all the details upon which he relies, and hopes to produce upon the trial, for the purpose of proving the improper conduct. We think that the general charge made by him is not sufficient, without such details, to enable plaintiff, upon the trial, to deny in every instance such alleged misconduct, if possible.
The order, in our judgment, was a proper and reasonable one, and must be affirmed, with costs.