Swinburne v. Stockwell
New York Supreme Court
Motion for judgment upon the several answers herein as frivolous, also upon all the pleadings for an order striking out the defendant’s answers as sham.
1Opinion of the CourtTappan, J.
The denial in each of the answers, upon information and belief, is not authorized by the Code, and is insufficient (Code of C. P., sec. 500; Powers agt. R., W. and O. R. R. Co., 3 Hun,, 285, and cases there cited).
There being no sufficient denial for the purposes of the action, the complaint is admitted (Code of C. P., sec. 522).
The facts set forth in the second defense in defendants’ answer, inconsistent with the complaint, cannot be construed as a denial of it. The complaint being admitted, evidence could not be given under the second defense ( Wood agt. Whit*313ney, 21 Barb. S. C. R., 190;…
2Cited by5 opinions
- Clark v. DillonNew York Court of Common Pleas · 1882
- Solomon v. BrodieColorado Court of Appeals · 1897
- East River Electric Light Co. v. ClarkNew York Court of Common Pleas · 1892
- Goode v. AltCity of New York Municipal Court · 1885
- Solomon v. BrodieColorado Court of Appeals · 1897