Bailly v. Betti

Hiscock, Ch. J.

This appeal involves the question whether plaintiff’s complaint sets forth a cause of action. The answer embraces denials of many of its allegations and sets up various affirmative defenses which, in effect, fundamentally and positively contradict the plaintiff’s claims. But while this pleading may create various issues of fact to be considered on a trial of the case, of course they cannot be utilized in sustaining the order which has been made dismissing plaintiff’s complaint. The correctness of that decision depends entirely on the question whether the allegations of the…