McManus

Plaintiff as assignee of an attorney instituted this action to recover from defendants the sum of $4,000 alleged to be due upon an “open, mutual and current account”. On March 29, 1929, defendants caused to be served upon plaintiff a demand for a bill of particulars of the items of the account sued upon. Thereafter and on April 8, 1929, plaintiff having failed to serve or file a bill of particulars as demanded, defendants’ attorney communicated with one of plaintiff’s attorneys, and called his attention to the fact that more than five days had elapsed since the service of the demand for a bill of particulars and that no bill had been served, that the case was set for trial for May 31, 1929, and that he desired to take the deposition of plaintiff’s assignor. He also at this time informed plaintiff’s attorney that if the bill of particulars was not immediately served upon defendants he would object to the introduction of any evidence pertaining to the account mentioned in plaintiff’s complaint.

Defendants on May 13, 1929, the plaintiff still having failed to comply with defendants’ demand for a bill of particulars, served upon plaintiff a notice that a motion to preclude the…