Hand-Book of the Rules of Pleading for New York State : a Compendium of the Rules of Practice in Pleading, As Settled By the Latest Decisions of the Courts
The book Hand-Book of the Rules of Pleading for New York State : a Compendium of the Rules of Practice in Pleading, As Settled By the Latest Decisions of the Courts was written by author Bradner, George William Here you can read free online of Hand-Book of the Rules of Pleading for New York State : a Compendium of the Rules of Practice in Pleading, As Settled By the Latest Decisions of the Courts book, rate and share your impressions in comments. If you don't know what to write, just answer the question: Why is Hand-Book of the Rules of Pleading for New York State : a Compendium of the Rules of Practice in Pleading, As Settled By the Latest Decisions of the Courts a good or bad book?
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Admissions by not denying. Where a separate de- fense in an answer makes no denial of any of the alle- gations of the complaint, such complaint stands ad- mitted upon demurrer to such defense, although there are denials in other portions of the answer ; Valentine v. Bunt, 22 N. Y State Eep. 847 ; 51 Hun, 544. In general. Where the answer of a defendant does not deny the allegations of the complaint, but sets up new matter in avoidance thereof, if he fails to prove his defense the averments of t...he complaint stand ad- mitted without proof; Conner v. Keese, 105 N. Y. 643. But a failure to deny an allegation in the complaint is not necessarily such an admission of the cause of ac- tion, that a judgment contrary to the admission is erroneous, if affirmative matter of defense is stated ; Newell v. Doty, 33 N. Y. 83. Of implied matter. A contract set forth in a com- plaint, not being denied by the answer, must be deemed admitted, and it must also be deemed to be ad- mitted that the contract was one binding on the par- ties to it ; Wiltsie v.
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