Continental Securities Co. v. Belmont

When a defense consisting of new matter is interposed, the plaintiff’ has the option, in his discretion, to-determine whether he will demur on the ground that it is insufficient in law on the face thereof, or will rest upon the provision of the Code that the defense is deemed to be controverted by traverse or avoidance as the case may require. It is left to the plaintiff’s discretion to determine which course he will adopt. In this case, the plaintiff elected to demur, and now seeks to withdraw the demurrer. This can only be done by leave of the court. If granting such permission would cause…