Caswell v. Bushnell
New York Supreme Court
This was an appeal from an order of the special term,'striking out the answer of the defendant as sham, false and frivolous. The complaint, after stating that the defendant Henry Bushnell made a note payable to the order of his co-defendant, George W. Bushnell, contained an allegation that the payee indorsed and delivered the note to the plaintiff. The answer of the defendant II.
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This was an appeal from an order of the special term,'striking out the answer of the defendant as sham, false and frivolous. The complaint, after stating that the defendant Henry Bushnell made a note payable to the order of his co-defendant, George W. Bushnell, contained an allegation that the payee indorsed and delivered the note to the plaintiff. The answer of the defendant II. Bushnell denied any knowledge or information sufficient to form a belief as to the truth of that allegation, and was verified. The plaintiff, on affidavits showing that the defendant and George W. Bushnell were…
1Opinion of the Court
By the Court, Mitchell, J.
The defendant H. Bushnell, by his answer, substantially admits that he made the note sued on, but denies that he has any knowledge or information sufficient to form a belief that the payee indorsed and delivered it to the plaintiffs. This is a material part of the issue. The plaintiffs obtained an order at special term striking out the answer as sham, because affidavits were produced which made it very probable that the defendant did know that the payee had so indorsed it. On appeal the plaintiffs contend that a defendant must answer as to his knowledge of matters…
2Cases cited1 opinion
- Mier v. CartledgeNew York Supreme Court · 1850
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