Cases Under the New York Code of Civil Procedure
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The proper remedy against an answer that does not plainly point out the allegations of the complaint to which the denials are directed is a motion to have the answer made more definite and certain. Thompson v. Wittkop, 184 N. Y. 117; Lyth V. Green, 21 App. Div. 300. Denial by reference to the folios of the complaint is bad. (Same case.) So is a denial of " each and every material allegation " of the complaint. Mattison v. Smith, 1 Robt. 706.
Defendant "says he denies," held good. Jones v. Ludlu...m, 74 N. Y. 61.
Designating the allegations denied by reference to the paragraphs of the complaint is the usual practice. Curran v. Arp, 141 App. Div. 659; Electrical Ace. Co., 194 N. Y. 473.
Though not expressly provided for in the Code it was decided in Ben- nett V. Leeds Mfg. Co., 110 N. Y. 150, that sections 500, 524 and 526 when read together permit a general or specific denial to be upon informa- tion and belief.
16 242 PLEADING.
WEST V. AMERICAN EXCHANGE BANK.
44 Baeb. 175.
Appeal from a judgment entered at the circuit on a trial before the court without a jury.
What to read after Cases Under the New York Code of Civil Procedure?
You can find similar books in the "Read Also" column, or choose other free books by Webb, Edwin Douglas, 1873- to read onlineMoreLess
To quickly assess the difficulty of the text, read a short excerpt:
The proper remedy against an answer that does not plainly point out the allegations of the complaint to which the denials are directed is a motion to have the answer made more definite and certain. Thompson v. Wittkop, 184 N. Y. 117; Lyth V. Green, 21 App. Div. 300. Denial by reference to the folios of the complaint is bad. (Same case.) So is a denial of " each and every material allegation " of the complaint. Mattison v. Smith, 1 Robt. 706.
Defendant "says he denies," held good. Jones v. Ludlu...m, 74 N. Y. 61.
Designating the allegations denied by reference to the paragraphs of the complaint is the usual practice. Curran v. Arp, 141 App. Div. 659; Electrical Ace. Co., 194 N. Y. 473.
Though not expressly provided for in the Code it was decided in Ben- nett V. Leeds Mfg. Co., 110 N. Y. 150, that sections 500, 524 and 526 when read together permit a general or specific denial to be upon informa- tion and belief.
16 242 PLEADING.
WEST V. AMERICAN EXCHANGE BANK.
44 Baeb. 175.
Appeal from a judgment entered at the circuit on a trial before the court without a jury.
What to read after Cases Under the New York Code of Civil Procedure?
You can find similar books in the "Read Also" column, or choose other free books by Webb, Edwin Douglas, 1873- to read onlineMoreLess
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