Patterson v. Corn Exchange of Buffalo

Citations

• 197 F. 686
• 1912 U.S. Dist. LEXIS 1480

Syllabus

<p>1. Pleading (§ 317*) — Bill of Particulars — Blacklist—Boycott.</p> <p>Plaintiff sued an exchange and various individual defendants, alleging injury to his business, good name, reputation, and credit by reason of defendants’ unlawful combination and conspiracy, in that on October 7, 1907, defendants unlawfully blacklisted and boycotted him on the exr change,, since which time he had been prevented from buying grain in the Buffalo market, and had been forced to abandon his business as a shipper of grain in Wilkes-Barre, and compelled to accept other unfavorable markets or discontinue his business entirely, seeking to recover both actual and punitive damages. Held that, though the words “post” and “blacklist” did not lack definiteness, yet, they being used in connection with the word “boycott,” which was indefinite, defendants were entitled to a bill of particulars stating the respects in which their acts were unlawful and the manner of their combination or agreement to injure plaintiff in his business or reputation, without setting out the evidence as to the details of the conspiracy, or disclosing the witnesses on whom plaintiff relied to prove his case.</p> <p>[Ed. Note. — For other cases, see Pleading, Cent. Dig. §§ 954r-969; Dec. Dig. § 317.*]</p> <p>2. Pleading (§ 313*) — Bill of Particulars.</p> <p>An application for a bill of particulars in an action for conspiracy is usually granted on the theory that such bill tends to define the issue more clearly, and tends to expedite the trial and to promote justice.</p> <p>[Ed. Note. — For other cases, see Pleading, Cent. Dig. § 949; Dee. Dig. § 313.*]</p> <p>3. Damages (§ 141*) — Birx of Pabtictjxabs — Damages.</p> <p>Where, In an action for conspiracy, plaintiff did not claim special damages, he should not be required to particularize his claim for actual and punitive damages.</p> <p>[Ed. Note. — For other cases, see Damages, Cent. Dig. §§ 406-408; Dec: Dig. § 141.*]</p>