Stevens v. Smith

Full title: GEORGE E. STEVENS, Respondent, v . BENJAMIN C. SMITH, Appellant

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

Date published: Mar 1, 1899

38 App. Div. 119 (N.Y. App. Div. 1899)

56 N.Y.S. 540

Opinion

March Term, 1899.

Samuel S. Watters, for the appellant.

Louis L.G. Benedict, for the respondent.

Present — VAN BRUNT, P.J., BARRETT, RUMSEY, INGRAHAM and McLAUGHLIN, JJ.

PER CURIAM:

The plaintiff made a motion to compel the defendant to serve a bill of particulars upon an affidavit of his attorney, which alleges that "such alleged credits are not within the special knowledge of the plaintiff." Just how the attorney could swear to what was within the knowledge of the plaintiff is not apparent. We have held many times that an affidavit for a bill of particulars, made by the attorney, is not sufficient. The last case was that of Mayer v. Mayer ( 29 App. Div. 393). For this reason the order appealed from must be reversed, with ten dollars costs and disbursements, and the motion denied, with ten dollars costs.

PER CURIAM:

Order reversed, with ten dollars costs and disbursements, and motion denied, with ten dollars costs.