New York Title & Mortgage Co. v. Title Guarantee & Trust Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Title Guarantee and Trust Company, 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 5th day of April, 1918, granting plaintiff’s motion to strike out certain denials and other matters in appellant’s answer.
1Opinion of the Court
Merrell, J.:
By the order appealed from the court at Special Term has stricken out certain denials contained in the answer herein, upon the ground that said denials were either of matters of record or were denials of knowledge or information sufficient to.form a belief as to the truth of allegations of the complaint, which were presumptively in the knowledge of the defendant or of which it either had actual knowledge or would have had knowledge had it appeared and defended a former action, where plaintiff was defendant, in response to plaintiff’s notice to appear and defend the same.
The action…
2Cases cited5 opinions
- Kirschbaum v. . EschmannNew York Court of Appeals · 1912
- Oceanic Steam Navigation Co. v. Campania Transatlantica EspanolaNew York Court of Appeals · 1895
- Prescott v. Le ConteAppellate Division of the Supreme Court of the State of New York · 1903
- Prescott v. . Le ConteNew York Court of Appeals · 1904
- Morette v. BostwickAppellate Division of the Supreme Court of the State of New York · 1908
3Cited by6 opinions
- Hartford Accident & Indemnity Co. v. First National Bank & Trust Co.New York Court of Appeals · 1939
- Willsey v. StrawwayNew York Supreme Court · 1963
- In re the Estate of KiamieNew York Surrogate's Court · 1938
- Pennsylvania Railroad v. TozziNew York Supreme Court · 1924
- Town of Newfane v. Merchants Mutual Casualty Co.New York Supreme Court · 1957
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