Majority
p. 1153MANHEIM et al., Appellants, v. BROWN et al. Respondents. (Supreme Court, Appellate Division, First Department. June 9, 1905.)
Headnote
Appeal from Special Term, New York County. Action by Jacob Manheim and others against Rosa Brown and others. From an order requiring plaintiffs to furnish a bill of particulars, they appeal. Modified, and, as modified, affirmed.Harry A. Gordon, for appellant.
Abraham B. Schleimer, for respondent.
We think this order requiring the plaintiff to furnish a bill of particulars should be modified by striking out the following provision thereof: “(3) Setting forth fully the facts and circumstances of the transaction for which the alleged bond was given.” As thus modified, the order should be affirmed, without costs.