Bell's Asbestos Co. v. H. W. Johns Manufacturing Co.

Appellate Division of the Supreme Court of New York

Bell's Asbestos Co. v. H. W. Johns Manufacturing Co.

38 N.Y.S. 902, 74 N.Y. St. Rep. 585, 4 A.D. 611

CourtAppellate Division of the Supreme Court of the State of New York

DecidedApril 24, 1896

StatusPublished

This text of 38 N.Y.S. 902 (Bell's Asbestos Co. v. H. W. Johns Manufacturing Co.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Bell's Asbestos Co. v. H. W. Johns Manufacturing Co., 38 N.Y.S. 902, 74 N.Y. St. Rep. 585, 4 A.D. 611 (N.Y. Ct. App. 1896).

Pincite

Opinion

PER CURIAM.

It appears from an. examination of the papers upon this appeal that the bill of particulars was not needed 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 papers 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.

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PER CURIAM.

It appears from an. examination of the papers upon this appeal that the bill of particulars was not needed 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 papers 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.

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Bluebook (online)

38 N.Y.S. 902, 74 N.Y. St. Rep. 585, 4 A.D. 611, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bells-asbestos-co-v-h-w-johns-manufacturing-co-nyappdiv-1896.