Collins v. C. W. Whittier & Bros.

D. Massachusetts

Collins v. C. W. Whittier & Bros.

3 F.R.D. 20, 1942 U.S. Dist. LEXIS 1791

CourtDistrict Court, D. Massachusetts

DecidedMay 1, 1942

DocketNo. 1818

StatusPublished

This text of 3 F.R.D. 20 (Collins v. C. W. Whittier & Bros.) is published on Counsel Stack Legal Research, covering District Court, D. Massachusetts primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Collins v. C. W. Whittier & Bros., 3 F.R.D. 20, 1942 U.S. Dist. LEXIS 1791 (D. Mass. 1942).

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Opinion

FORD, District Judge.

The defendants’ motion for a bill of particulars (paragraph (e) being waived) is denied on the following grounds:

(1) The matters relied upon in the complaint by the plaintiff for recovery are averred with sufficient definiteness to enable the defendants properly to prepare a responsive pleading. Rule 12(e), Federal Rules of Civil Practice, 28 U.S.C.A. following section 723c.

(2) The information sought is peculiarly within the possession of the defendants and there is no ineluctable barrier to prevent them from filing a proper responsive pleading. Cf. Townsend et al. v. Boston & Maine Railroad, D.C.Mass., 35 F.Supp. 938. In Britt v. Cole Drug Co. of Boston, D.C.Mass., 39 F.Supp. 90, the court did not expect that the plaintiff would do otherwise than rely finally on the books of the defendant as it compelled the plaintiff only to particularize “so far as reasonably possible”.

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FORD, District Judge.

The defendants’ motion for a bill of particulars (paragraph (e) being waived) is denied on the following grounds:

(1) The matters relied upon in the complaint by the plaintiff for recovery are averred with sufficient definiteness to enable the defendants properly to prepare a responsive pleading. Rule 12(e), Federal Rules of Civil Practice, 28 U.S.C.A. following section 723c.

(2) The information sought is peculiarly within the possession of the defendants and there is no ineluctable barrier to prevent them from filing a proper responsive pleading. Cf. Townsend et al. v. Boston & Maine Railroad, D.C.Mass., 35 F.Supp. 938. In Britt v. Cole Drug Co. of Boston, D.C.Mass., 39 F.Supp. 90, the court did not expect that the plaintiff would do otherwise than rely finally on the books of the defendant as it compelled the plaintiff only to particularize “so far as reasonably possible”.

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3 F.R.D. 20, 1942 U.S. Dist. LEXIS 1791, Counsel Stack Legal Research, https://law.counselstack.com/opinion/collins-v-c-w-whittier-bros-mad-1942.

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