Appellate Terms of the Supreme Court of New York, 1904

Llewellyn v. Froehlich

Llewellyn v. Froehlich
Appellate Terms of the Supreme Court of New York · Decided June 23, 1904 · MacLean
88 N.Y.S. 966 (New York Supplement)

Counsel

W. Benton Crisp, for appellant., Graham McAdam, for respondent.

Llewellyn v. Froehlich

Opinion of the Court

MacLEAN, J.

In his answer defendant sets up a counterclaim for th'e conversion of certain securities promised by the plaintiff to be carried for the defendant β€œin consideration of certain services there*967tofore rendered to the plaintiff by the defendant.” The plaintiff, having admitted the promise to carry, and set up that the consideration was merely friendship, asked an order for a bill of particulars of the certain services rendered, with values, which was granted by the learned justice, in the exercise of whose discretion, under the very comprehensive character of the language of section 531, Code Civ. Proc., to prevent needless preparation, this court will not interfere. Spitz v. Heinze, 77 App. Div. 317, 319, 79 N. Y. Supp. 187; Smith v. Johnston, 22 N. Y. St. Rep. 593, 594, 5 N. Y. Supp. 128.

Order affirmed, with .costs and disbursements. All concur.

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