Pope Manufacturing Co. v. Rubber Goods Manufacturing Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant,- the Rubber Goods Manufacturing Company, from so much of 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 10th day of November, 1904, as denies the defendant’s motion to strike out certain portions of the plaintiffs reply to the ■ counterclaims set forth in the defendant’s ¡.'answer.
1Opinion of the Court
Hatch, J.:
The -motion to strike out the pleading upon the ground that it is redundant and irrelevant was properly dénied. So far' as we are able to gather from an examination of the pleadings in this case it may be that there is a reiteration of averment in several instances, but we do not understand that the matter claimed to be redundant and irrelevant is in fact immaterial to the issue. The only objection is its reiteration. It is not pointed out wherein or how the defendant will be prejudiced in its defense by permitting this matter to remain, and we are not at all certain from the method…
2Cases cited5 opinions
- Dinkelspiel v. New York Evening Journal Publishing Co.Appellate Division of the Supreme Court of the State of New York · 1904
- Caulkins v. . BoltonNew York Court of Appeals · 1885
- Eidlitz v. RothschildNew York Supreme Court · 1895
- Barton v. GriffinAppellate Division of the Supreme Court of the State of New York · 1899
- Pope Manufacturing Co. v. Rubber Goods Manufacturing Co.Appellate Division of the Supreme Court of the State of New York · 1905