Lund v. Seamen's Bank for Savings
New York Supreme Court
APPEAL from an order made at a special term allowing the demurrer of the plaintiff to the defendant’s answer, with leave to the defendant to serve an amended answer. Thé plaintiff alleged in the complaint that, the defendant was and is a corporation duly created under the laws of the state of Sew York.
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APPEAL from an order made at a special term allowing the demurrer of the plaintiff to the defendant’s answer, with leave to the defendant to serve an amended answer. Thé plaintiff alleged in the complaint that, the defendant was and is a corporation duly created under the laws of the state of Sew York. That on or about the seventeenth day of March, 1860, Anders Larsson deposited with the defendant the sum of twenty-two hundred dollars, which sum the defendant promised and agreed to repay to said Larsson personally, or on his order in writing, and upon the production of the book delivered by…
1Opinion of the Court
By the Court,
Leonard, J.
The code permits a demurrer to an answer only where it contains new matter. A simple. denial of the allegations of the complaint is not within the provision. (Code, § 153.) A denial may be sham, frivolous or immaterial. In such case the plaintiff may bring the question before the court summarily by motion, but it Is ' not a ground of demurrer. The demurrer to the first de*132fense is therefore not well taken, and the order appealed from must, to that extent, be reversed.
The demurrer to the second defense presents an entirely different question. The plaintiff is the…
2Cited by14 opinions
- Grundy County v. Tennessee Coal, etc., Co.Tennessee Supreme Court · 1895
- Myers v. Albany Savings BankAppellate Division of the Supreme Court of the State of New York · 1946
- Whitsett v. Peoples National BankMissouri Court of Appeals · 1909
- German Exchange Bank v. Board of Commissioners of ExciseNew York Supreme Court · 1879
- McLaughlin v. First National BankSupreme Court Of The Territory Of Dakota · 1889
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