Hagedorn-Merz Co. v. Burns
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, The Hagedorn-Merz Co., from an order of the Supreme Court, made at the Ulster Special Term and entered in the office of the clerk of the county of Sullivan on the 29th day of May, 1916, denying plaintiff’s motion for an order striking out the portion of the answer herein which denies “ each and every other allegation contained in said complaint, except as hereinafter admitted, qualified or explained ” as frivolous and for judgment on the pleadings.
1DissentKellogg, P. J.
The complaint is for shirt waists sold and delivered between the 25th day of May and the 11th day of September, 1915, *486both inclusive, of the value and agreed price of $238.75. The first answer admits the corporate capacity of the plaintiff and the business and residence of the defendant. The second answer denies “ each and every other allegation contained in said complaint, except as hereinafter admitted, qualified or explained.” The third answer alleges that prior to the eleventh day of September defendant ordered of the plaintiff certain goods, wares and merchandise, consisting of a…
2Cases cited1 opinion
- Barton v. GriffinAppellate Division of the Supreme Court of the State of New York · 1899