Hawkins v. Lasell
Hawkins v. Lasell
Opinion of the Court
This is an appeal from an order of the trial court refusing to direct plaintiff to file a bill of particulars as to the cause of action set forth in plaintiff’s complaint. The affidavits submitted, in support of the motion for bill of particulars gave no explanation of why the affidavits of the defendant Lasell and of some officer of the defendant corporation were not submitted, and there does not appear from anything contained in any of the affidavits why such affidavits were not submitted. It appears from.the affidavits submitted that there is no reason to suppose that the plaintiff has any greater knowledge of the facts involved herein than have the defendants, or that the plaintiff is possessed of any source of information not open to the defendants. It does appear that the defendants have within their possession and control sources of information not open to the plain- . tiff — account books which, so far as would appear from anything in the affidavits, are understood by the defendants as well as they are by the plaintiff.
The order appealed from is affirmed.
Reference
- Full Case Name
- HAWKINS v. LASELL
- Status
- Published