Blackwell v. Columbia Trust Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Marguerite A. Blackwell, 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 29th day of November, 1921, denying plaintiff’s motion to strike out denials in paragraph “ fifteenth ” of the first separate and distinct defense, and in paragraph “ twenty-second ” of the'second separate and distinct defense contained in the answer herein.
1Opinion of the Court
Page, J.:
This appeal presents a question of pleading and practice, which, under the Code of Civil Procedure, was much discussed by the members of the bar, and led to conflicting decisions in the courts. The Court of Appeals held: “ The allegations of the complaint not denied in the affirmative defense are, for the purposes of the question now presented, to be deemed admitted. The affirmative defense is to be treated as a separate plea, and the defendant is not entitled to have the benefit of denials made in another part of the answer, unless repeated or incorporated by reference and made a…
2Cases cited2 opinions
- Douglass v. Phenix InsuranceNew York Court of Appeals · 1893
- Bulova v. BarnettAppellate Division of the Supreme Court of the State of New York · 1920
3Cited by3 opinions
- Lewis v. Board of EducationAppellate Division of the Supreme Court of the State of New York · 1936
- Van Schaick v. CroninAppellate Division of the Supreme Court of the State of New York · 1932
- 276 Spring Street Corp. v. ForbesNew York Supreme Court · 1929