Wood v. Scudder
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Wilbur S. Scudder, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 1st day of July, 1912, upon an order entered in said clerk’s office on the 25th day of June, 1912, directing judgment upon a demurrer to a counterclaim set up in the amended answer, and striking out of the said answer a denial and certain defenses as false, sham, irrelevant and frivolous, with notice of…
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Appeal by the defendant, Wilbur S. Scudder, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 1st day of July, 1912, upon an order entered in said clerk’s office on the 25th day of June, 1912, directing judgment upon a demurrer to a counterclaim set up in the amended answer, and striking out of the said answer a denial and certain defenses as false, sham, irrelevant and frivolous, with notice of an intention to bring up for review the said order.
1Opinion of the Court
Hirschberg, J.:
The action is brought to recover an unpaid balance on a bond executed by the defendant to one Jean M. Jackson and duly assigned by the latter to the plaintiff. The complaint ■ sets forth the execution of the bond, its assignment to the plaintiff, and that there was due on it after crediting the payments made, the sum of $2,000 and interest, payment of which had been demanded and refused. The amended answer denies “each and every allegation contained in.said complaint, except as hereinafter admitted,” the admissions being limited generally to the execution, delivery and…
2Cases cited1 opinion
- Emery v. . BaltzNew York Court of Appeals · 1884
3Cited by5 opinions
- Gilleran v. ColbyAppellate Division of the Supreme Court of the State of New York · 1914
- Gleason v. O'NeillAppellate Division of the Supreme Court of the State of New York · 1932
- Manufacturers Hanover Trust Co./Capital Region v. Meadowdale Development Co.Appellate Division of the Supreme Court of the State of New York · 1983
- Yager v. Rubymar Corp.New York Supreme Court · 1961
- Walmor, Inc. v. LevayAppellate Division of the Supreme Court of the State of New York · 1933