Tradesmen's National Bank v. United States Trust Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, The Tradesmen’s National Bank of the city of New York, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 9th day of January, 1900, denying the plaintiff’s motion to strike out of the answer as much therein as is stated under the heading of the third separate defense and comprised within paragraphs numbered Y, YI, YII, YIII and IK thereof as immaterial,…
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Appeal by the plaintiff, The Tradesmen’s National Bank of the city of New York, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 9th day of January, 1900, denying the plaintiff’s motion to strike out of the answer as much therein as is stated under the heading of the third separate defense and comprised within paragraphs numbered Y, YI, YII, YIII and IK thereof as immaterial, irrelevant and redundant. The following are the portions of the answer specified : “ Y. That on or about the 15th day of July,…
1Opinion of the Court
Per Curiam :
It is quite true, as the appellant insists, that the paragraphs of the answer which are complained of are allegations of evidence and nothing else; and it is also true that to put such allegations in an answer is not good pleading, but the court does not strike out allegations for that reason only. Motions of this kind are not to be encouraged, and should not be granted Unless the party complaining is aggrieved by the presence in the pleading of the matter complained of. (Code Civ. Proc. § 545 ; Lugar v. Byrnes, 15 Civ. Proc. Rep. 72.) It cannot be said that the plaintiff is…
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