Hyperlawhypertext legal database Caziarc v. Abram French Co. 98 N.Y. Sup. Ct. 641

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Caziarc v. Abram French Co.

98 N.Y. Sup. Ct. 641 Court N.Y. Gen. Term Decision date 1895-12-27 English

Judges All concur.

Delivered by Pratt, J.:

Contents

Majority

p. 641
Arthur W. Caziarc, Respondent, v. Abram French Company, Appellant.

Order modified by striking out the name of the person in whose presence the plaintiff was seen intoxicated, and, so modified, affirmed, without costs.—

This is an appeal from an order requiring the defendant to serve a verified bill of particulars of the matter set up in the answer. In addition to a general denial, the defendant has set up in what way he claims the plaintiff has broken the contract of employment, and it is only fair the plaintiff should be apprised of the time ana place, when and where, the occasions took place upon which he intends to offer proof. He will not be required to disclose his evidence or the names of his witnesses. The order went too far in requiring the defendant to state the names of the persons in whose presence the plaintiff was intoxicated; with the modification of striking out that part of the order, the order appealed from is affirmed, without costs to either party.

All concur.