McGirr v. Campbell

Full title: William J. McGirr, Respondent, v. Bernard Campbell, Appellant

Court: Appellate Division of the Supreme Court of New York, First Department

Date published: Jan 1, 1900

47 App. Div. 621 (N.Y. App. Div. 1900)

62 N.Y.S. 24

Opinion

January Term, 1900.

Present — Van Brunt, P.J., Rumsey, O'Brien and Ingraham, JJ.

Order modified as directed in opinion, and, as modified, affirmed, without costs. —

PER CURIAM:

Neither the first nor the second items of the bill of particulars are sufficiently specific to enable the defendant to prepare for trial in regard to these items. The order should be modified by requiring the plaintiff to state particularly the stables from which he formerly carted manure and which are now served by the defendant, and as so modified it should be affirmed, without costs to either party in this court.