Hague v. Northern Hotel Co.

Appellate Terms of the Supreme Court of New York

Hague v. Northern Hotel Co.

77 Misc. 142, 135 N.Y.S. 1047

CourtAppellate Terms of the Supreme Court of New York

DecidedJune 15, 1912

StatusPublished

Cited by1 cases

This text of 77 Misc. 142 (Hague v. Northern Hotel Co.) 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

Hague v. Northern Hotel Co., 77 Misc. 142, 135 N.Y.S. 1047 (N.Y. Ct. App. 1912).

Pincite

Opinion

Bijur, J.

The complaint alleges that the note, made to the order of the defendant, was 'duly indorsed by it and delivered to the plaintiff before maturity. As plaintiff need, prima facie, prove no more to entitle her to recover (see Neg. Inst. Law, § 50), no bill of particulars of other matter need be furnished. City of Rochester v. McDowell, 35 N. Y. St. Repr. 538; Matthews v. Hubbard, 47 N. Y. 428.

Defendant sets up as a separate defense that it, to the [143]*143knowledge of plaintiff, received no consideration for the indorsement.

What defendant now seeks in his bill of particulars, is plaintiff’s evidence m rebuttal of the defense — a purpose altogether foreign to a bill of particulars. Smidt v. Bailey, 132 App. Div. 177; Smith v. Anderson, 126 id. 24; Barone v. O’Leary, 44 id. 418.

Order modified by excluding therefrom the items called for in paragraph 3 of the affidavit of George 0. Brown, and, as thus modified, affirmed, with ten dollars costs and disbursements to the appellant.

Seabury and Lehman, JJ., concur.

Order modified.

Free access — add to your briefcase to read the full text and ask questions with AI