Lincoln Trust Co. v. McVickar

This motion to compel the plaintiff to reply to the new matter contained in the answer is resisted chiefly upon the authority of Scofield v. Demorest, 7 N. Y. Supp. 832, but the motion in that case was denied because there the justification pleaded covered the entire history of a judicial controversy, and contained, as the court pointed out, a lengthy and detailed statement, partly of facts and partly of evidence of facts, and it was held that it would be oppressive to put upon the plaintiff the burden of going minutely over such elaborate recital and of admitting, denying, ignoring or…