Chantrell Hardware & Tool Co. v. Silberman

Appellate Terms of the Supreme Court of New York

Chantrell Hardware & Tool Co. v. Silberman

141 N.Y.S. 317

CourtAppellate Terms of the Supreme Court of New York

DecidedApril 16, 1913

StatusPublished

This text of 141 N.Y.S. 317 (Chantrell Hardware & Tool Co. v. Silberman) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Chantrell Hardware & Tool Co. v. Silberman, 141 N.Y.S. 317 (N.Y. Ct. App. 1913).

Pincite

Opinion

PER CURIAM.

In so far as the order directs the defendant to give the particulars of his counterclaim, it is premature. Issue had not been joined by the service of a reply, and it does not appear that the particulars ordered were required to enable the plaintiff to plead.

The order will therefore be modified, by striking therefrom the sixth, seventh, eighth, ninth, and tenth specifications of particulars to be given, and, as modified, affirmed, without costs.

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PER CURIAM.

In so far as the order directs the defendant to give the particulars of his counterclaim, it is premature. Issue had not been joined by the service of a reply, and it does not appear that the particulars ordered were required to enable the plaintiff to plead.

The order will therefore be modified, by striking therefrom the sixth, seventh, eighth, ninth, and tenth specifications of particulars to be given, and, as modified, affirmed, without costs.

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Bluebook (online)

141 N.Y.S. 317, Counsel Stack Legal Research, https://law.counselstack.com/opinion/chantrell-hardware-tool-co-v-silberman-nyappterm-1913.