Laurie v. Duer

Gaynor, J.:

The complaint is for damages for assault and battery, false imprisonment and malicious prosecution. Instead of the answer being the brief and settled form of a general denial, which would be the scientific way of pleading, it is one of those unscientific and troublesome answers which have come into vogue in ¡New York county. It starts out with what it calls “ For a first defense ”, but which turns out not to be a “ defense ” at all, but only a denial. A “ defense ” can consist only of new "matter, viz., matter outside of the issue raised-by a denial. ■ First in an- answer comes a…