John Heidenreich, Appellant, v. Simon Hirsh, Respondent

John Heidenreich, Appellant, v. Simon Hirsh, Respondent. Bill of particulars of the plaintiff’s claim—not ordered where the conceded fad» entitle him to an accounting by the defendant. In an action brought to recover moneys which the plaintiff claimed the defendant had collected while acting as his agent and had converted to his own use, the defendant interposed an answer admitting that he collected money as agent of the plaintiff, but denied that he collected the amount alleged. He ais» admitted that he had deducted his compensation, but denied that he had failed to pay the balance due to the plaintiff. Held, that the conceded relation between the plaintiff and the defendant entitled the plaintiff to compel the defendant to account, and that, for this reason, the , plaintiff should not be required to serve a bill of particulars specifying the moneys collected by the defendant, for which it was claimed that he had failed to account. Appeal by the plaintiff, John Heidenreioh, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 29th day of April, 1903, directing the plaintiff to serve a bill of particulars. The action was brought to recover moneys which the defendant was alleged to have collected while acting as the plaintiff’s agent, and which it was claimed that he converted to his own use. William L. Mathot, for the appellant. Samuel Sturtz, for the respondent. [MAJORITY — Per Curiam:] Per Curiam: The defendant admits that he collected money as agent of the plaintiff, but denies that he collected the amount alleged; admits that he deducted.his compensation, but denies that he'had.,failed to. pay the balance due to the plaintiff. This conceded relation between the plaintiff and the defendant entitled the plaintiff to compel the defendant to account, and for that reason the plaintiff should not be required to specify the items of the moneys collected by the defendant for the plaintiff and for which the defendant has failed to account. The order appealed from should be reversed, with ten dollars -costs and disbursements, and the motion denied, with ten dollars costs. Present—Van Brunt, P. J., O’Brien, Ingraham, McLaughlin and Hatch, JJ. Order reversed, with ten dollars costs and disbursements, and motion denied, with ten dollars costs.