Townsend v. Platt
New York Court of Common Pleas
Motion to strike out a part of defendants’ answer. This action was brought by Samuel Townsend against G. W. and N. C. Platt. It is the action in which the decision upon a motion to require plaintiff to receive an amended answer, reported Ante 323, was made.
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Motion to strike out a part of defendants’ answer. This action was brought by Samuel Townsend against G. W. and N. C. Platt. It is the action in which the decision upon a motion to require plaintiff to receive an amended answer, reported Ante 323, was made. The complaint showed that, in 1855, the defendants became possessed of certain real estate securities, railroad bonds, &e., the. property of the plaintiff; that the plaintiff had demanded them, but the defendants had refused to deliver them up. The amended answer, among other things, denied knowledge or information sufficient to form a…
1Opinion of the Court
Ingraham, F. J.
The complaint is for certain property alleged to belong to the plaintiff, subsequently converted by the defendants.
The defendants, in their answer, allege want of knowledge or information sufficient to form a belief whether the property belonged to the plaintiff,—and then set up that the goods were delivered by the plaintiff to the defendants, and that defendants claim to hold them as securities for moneys advanced thereon by the defendants. The plaintiff moves to strike out the first part of the answer as irrelevant and redundant.
There can be no doubt that the clause referred…
2Cited by1 opinion
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