Abrahamson v. Steele
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Daniel H. Steele, 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 27th day of September, 1916, granting plaintiff’s motion for judgment on the pleadings.
1Opinion of the Court
Shearn, J.: • .
The real function of an answer is to define the issues and show why plaintiff is not entitled to judgment. Its essential purpose is, therefore, to convey information. In a complaint *866upon a promissory note, if the making of the note by the defendant is alleged, it is unnecessary to allege delivery. {First National Bank v. Stallo, 160 App. Div. 702.) Neither is it necessary to allege consideration, for both delivery and consideration are presumed from the issuance of a negotiable instrument. (Neg. Inst. Law [Consol. Laws, chap. 38; Laws of 1909, chap. 43], § 50; First National…
2Cases cited1 opinion
- First National Bank v. StalloAppellate Division of the Supreme Court of the State of New York · 1914
3Cited by11 opinions
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- James Conforti Construction Co v. Neek Realty Corp.Appellate Terms of the Supreme Court of New York · 1925
- Buell v. GreeneSouth Dakota Supreme Court · 1939
- Camp v. HornAppellate Division of the Supreme Court of the State of New York · 1924
- In re the Accounting of HaysNew York Surrogate's Court · 1949
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