Clegg v. American Newspaper Union

New York Supreme Court

Clegg v. American Newspaper Union

7 Abb. N. Cas. 59

DecidedOctober 15, 1879

StatusPublished

This text of 7 Abb. N. Cas. 59 (Clegg v. American Newspaper Union) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Clegg v. American Newspaper Union, 7 Abb. N. Cas. 59 (N.Y. Super. Ct. 1879).

Pincite

Opinion

Westbrook, J.

Section 531 of Code authorizes a demand for a bill of particulars, where an “ account ” is set out in answer. There is no “ account ” set out in answer. The motion to set aside demand is granted.

The motion to make the answer more definite and certain is also denied.

The remedy of the plaintiff, if he has any, is to move the court to compel the defendants to furnish the particulars of these counter-claims.

This conclusion is not inconsistent with my construction of section 531. That section applies to matters of “ account,” in which, without motion, a demand of particulars can be made.

In this case it is held the remedy is to procure items of counter-claims by a motion.

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