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Osborne v. New York Mutual Insurance

6 N.Y. St. Rep. 870 Court N.Y. Decision date 1887-02-15 English

Delivered by Pratt, J.

Contents

Majority

p. 870
ELIZABETH J. OSBORNE, Resp’t, v. NEW YORK MUTUAL INS. COMPANY, App’lt.

Headnote

Practice—Bill of particulars—When not granted.
Appeal from an order denying a motion for a bill of particulars.
Jas. K. Hill, Winy <6 Shoudy, for resp’t; George A. Black, for app’lt.

As pointed out in the opinion at special term, the application seeks for the details of plaintiff’s evidence and not for the items of plaintiff’s claim.

p. 871
The claim of plaintiff is for a total loss, whereby the sum of $2,000 became payable.

if defendants seek to avail themselves of such knowledge as plaintiff may . have concerning the details of damage sustained, they must seek another method.

Order affirmed, with ten dollars costs and disbursements.

Barnard, P. J., and Dykman, J., concur.