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Sparhawk v. Gillin Printing Co.

73 N.Y.S. 1148 Court N.Y. App. Div. Decision date 1901-12-20 English

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p. 1148
SPARHAWK, Respondent, v. GILLIN PRINTING CO., Appellant.
(Supreme Court, Appellate Division, First Department.
December 20, 1901.)

Headnote

Action by John Sparhawk, as trustee, in bankruptcy of Charles M. Stoever, bankrupt, against the Gillin Printing Company. From an order directing service by defendant of a bill of particulars, defendant appeals. Modified. J. Cochrane, for appellant. W. Greenough, for respondent.

The order directing the defendant to serve a verified bill of particulars of its counterclaim herein should be modified, by striking out all the items therein specified; except paragraph 2, namely, “the date of each failure of the said bankrupt to deliver goods ordered by the defendant under the said alleged contract,” and, as so modified, affirmed, without costs to either party.