Howard's Practice reports Volume 1; containing cases under the Code of civil procedure and the general practice of the State of New York, selected from decisions of all the courts, with notes

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1885 Excerpt: ...from this order this appeal is taken. If the validity of the order depended upon whether, if the first bill served was one that could not properly be demanded, there could be a further bill ordered on the ground of defendant's absolute right to it, there might be ground for doubt. Substantially, however, after the plaintiffs had voluntarily Smith agt. Duffy. furnished what they did furnish, it was a question for the discretion of the court whether further particulars should be given, for under the last sentence of the section specified, the court may in any case direct a bill of the particulars of the claim of either party to be delivered to the adverse party. The matter that shows that the court exercised discretion properly is that it appearing that the plaintiffs had procured an order for the particulars of the defendant's claim for a recoupment on account of the bad condition of some of the goods averred by the complaint to have been sold, the present order was a facility, for the defendant's making his bill of particulars, that the plaintiffs should give. Order affirmed, with ten dollars costs and disbursements to be taxed. SUPREME COURT. Mary Smith agt. James Duffy. Avriffnment--TJtrough fraud--Deed--When vM be declared nvU and void. Although it is not enough to induce a court of equity to interfere to show that a bargain is hard and unreasonable, nor does mere inadequacy of consideration alone form a ground for equitable relief; yet there are cases where there is no positive evidence of fraud, in which the inequality of the bargain is so gross that the mind cannot resist the inference, that though there be no direct evidence of fraud, such a bargain must have been in some way improperly obtained. iu such cases a court of equity will avoid a bargain, ...