Albany County Bank v. Rider
New York Supreme Court
Appeal from special term, Albany county. . Action by the Albany County Bank against Jonathan T. Rider on two promissory notes for $500 each, made by defendant to the order of plaintiff, each of which was dated October 6, 1892, and which became due and payable December 15, 1892, and January 15, 1893, respectively. From an order striking out the answer as sham, defendant appeals.
1Opinion of the CourtPutnam, J.
The complaint alleges a cause of action upon two promissory notes of $500 each, made by defendant to plaintiff. The answer contained no denial, but set up an affirmative defense and an alleged counterclaim. On motion of plaintiff it was struck out-*491as sham. It has been held that an answer containing a general-denial cannot be thus stricken out, (Wayland v. Tysen, 45 N. Y. 281; Bank v. Inman, 51 Hun, 97, 5 N. Y. Supp. 457;) also one setting up a counterclaim; but that an answer asserting an affirmative defense may be, (Wilson v. Eastman & Manderville Co., [Sup.] 9 N. Y. Supp. 189; Bank v.…
2Cases cited10 opinions
- Wayland v. . TysenNew York Court of Appeals · 1871
- Grant v. EllicottNew York Supreme Court · 1831
- Arnold v. SpragueSupreme Court of Vermont · 1861
- Robert Gere Bank v. InmanNew York Supreme Court · 1889
- Hadden v. New York Silk Manufacturing Co.New York Court of Common Pleas · 1860
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3Cited by6 opinions
- Monica Realty Corp. v. BleeckerAppellate Division of the Supreme Court of the State of New York · 1930
- Albany County Bank v. RiderNew York Supreme Court · 1893
- Barrie v. YorstonAppellate Division of the Supreme Court of the State of New York · 1898
- Barrie v. VorstonAppellate Division of the Supreme Court of the State of New York · 1898
- Frey v. SylvesterNew York Supreme Court · 1898
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