Marks v. Greenwald

City of New York Municipal Court

Marks v. Greenwald

12 Misc. 554, 34 N.Y.S. 20, 67 N.Y. St. Rep. 888

DecidedMay 15, 1895

StatusPublished

This text of 12 Misc. 554 (Marks v. Greenwald) is published on Counsel Stack Legal Research, covering City of New York Municipal Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Marks v. Greenwald, 12 Misc. 554, 34 N.Y.S. 20, 67 N.Y. St. Rep. 888 (N.Y. Super. Ct. 1895).

Pincite

Opinion

Fitzsimons, J.

This casé is one in which a hill of particulars could be ordered by the court upon proper application.

The plaintiff sues for the misappropriation of funds by the defendant Weinberg, the defendant Greenwald being his surety; he, Greenwald, asks for an itemized statement of the plaintiff’s claim; certainly a very reasonable request to make and one which should be granted by the court unless the defendant Greenwald possessed the sought for knowledge, which he denies he has, because he swears that it will be impossible for him to answer herein unless the bill of particulars requested is granted him.

Therefore, because of such statement, the court had a right, in fact it was its duty, to make the order appealed from, which is affirmed, with costs.

Oonlan, J., concurs.

Order affirmed, with costs.

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