Majority
p. 585Bell's Asbestos Company, Appl't, v. H. W. Johns Manufacturing Company, Resp't. (Supreme Court, Appellate Division, First Department, Filed April 24, 1896.)
Headnote
Bill of particulars—Premature application.Where it appears from the examination of the papers that a bill of particulars was not needed for the purpose of preparing the answer, the motion is prematurely made and should be denied.
Appeal from an order directing service of bill of particulars.
Herbert Barry, for app’lt; L. E. Sexton, for resp’t.
It appears from an examination of the papers upon this appeal that the bill of particulars was not needed
p. 586
for the purpose of preparing the answer to be put in to the plaintiff’s complaint, and therefore the motion was prematurely made, and should have been denied. It may, however, be proper to grant a bill as to some of the particulars referred to in those papera in order that the defendant may prepare for trial.
Order reversed, with $10 costs and disbursements, and motion denied, with $10 costs, with leave to renew after issue joined.