De St. Aubin v. Paul Guenther, Inc.
District Court, S.D. New York
At Law. Action by Ovide De St. Aubin against Paul Guenther, incorporated. On motion to strike certain denials from a reply to the counterclaim contained in the qnswer. Motion at law to strike out certain denials from a reply to a counterclaim contained in answer.
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At Law. Action by Ovide De St. Aubin against Paul Guenther, incorporated. On motion to strike certain denials from a reply to the counterclaim contained in the qnswer. Motion at law to strike out certain denials from a reply to a counterclaim contained in answer. The counterclaim was framed upon the theory that the plaintiff, while in the defendant’s employ, had delegated his authority and had become financially interested in the business of a competitor, by which disloyalty and his consequent inattention the defendant had been injured. The counterclaim also alleged that this was all done…
1Opinion of the Court
LEARNED HAND, District Judge.
[1-3] It is settled in New York that, when a party incorporates special traverses along with matter in confession and avoidance, the traverses cannot be disregarded. Uggla v. Brokaw, 77 App. Div. 310, 79 N. Y. Supp. 244. It necessarily results, if there be any traverses of material allegations incorporated in the plea, that the opposite party loses his right to test the sufficiency of the plea, unless he may strike out the traverses. This the courts have recognized as a genuine embarrassment to the opposite paily, and have therefore entertained such motions…
2Cases cited3 opinions
- Uggla v. BrokawAppellate Division of the Supreme Court of the State of New York · 1902
- Stieffel v. TolhurstAppellate Division of the Supreme Court of the State of New York · 1900
- Pullen v. Seaboard Trading Co.Appellate Division of the Supreme Court of the State of New York · 1914
3Cited by1 opinion
- Bean v. Central Maine Power Co.Supreme Judicial Court of Maine · 1934