Thompson v. Kearney
New York Court of Common Pleas
Appeal from a judgment of the General Term of the City Court of New York affirming a judgment of that court overruling a demurrer to an answer. The action was brought to recover certain moneys, alleged to have been collected for plaintiff by defendant acting as his attorney, and appropriated by defendant. The facts are stated in the opinion.
1Opinion of the Court
Van Hoesen, J. —
The answer is very unskilfully drawn, and is obnoxious to the criticisms that the plaintiff has made upon it. The pleader seems to have thought it good pleading to preface every substantial allegation of the answer with the words “for a further answer and as a distinct defense.” If we should take him at his word, and treat as a separate and distinct defense every one of- these allegations, we should have a number of very bad defenses, and an utterly worthless answer. It is only by massing these allegations, and considéring them as one defense, that the answer can be sustained.
T…
2Cases cited1 opinion
- Hillman v. HillmanNew York Supreme Court · 1856
3Cited by1 opinion
- Brassington v. RohrsNew York Court of Common Pleas · 1893