Black v. McAleenan , 78 Hun 426 ( 1894 )

PER CURIAM.

The name, address, business, and financial •standing of the proposed customer are not particulars of the plaintiffs’ cause of action, but are merely evidentiary facts, which the plaintiffs should not be required to disclose by a bill of particulars. The plaintiffs’ right of recovery would not be defeated or affected by the fact that Eustis gave the name of some person as a proposed customer who had not in fact proposed to purchase the necklace. The order should be reversed, with $10 costs and disbursements, and the motion denied, with $10 costs. ■