Public-domain · open source
OpenJurist

2 How. Pr. 18

Bates v. Wotkyns

New York Supreme Court

Decided December 15, 1845

New York Supreme Court · decided 1845-12-15

Motion by defendant for judgment of non pros. This was an action of assumpsit: the declaration contained the common money counts, and a count on an account stated.

Cited by 1 later decisions — most recently December 1912

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1845-12-15

View the full empirical analysis of this case →

Jewett, Justice.

¶1The bill of particulars, delivered under the order of the 17th day of October, is no better than the first, and is not a compliance with the order. ■ The facts shown by the affidavits of the plaintiff and his attorney, however, induce me to think that there was a bona fide intention to comply with the order. I therefore allow the plaintiff time to deliver further and better particulars'of his demand till the 20 th day of January next, on payment of the costs of this motion in ten days.

¶2Rule accordingly

/2/howpr/18 · .json · Public domain