Sharp v. Sharp
New York Supreme Court
Action by Martha A. Sharp against Samuel T. Sharp, impleaded with others. On motions by plaintiff for judgment on the pleadings, and to strike out a paragraph of the answer. Motion for judgment denied. Motion to strike granted conditionally.
1Opinion of the CourtSawyer, J.
[1,2] Applying the rule of pleading laid down In Wood v. Raydure, 39 Hun, 144-146, defendant would be precluded from denying upon information and belief most of the allegations of the complaint, for, in the very nature of things, the facts must be within his actual knowledge. The complaint contains, however, a specific allegation that the amount of the note in question was, at the commencement of this action, due and owing to the plaintiff, and in this respect at least, if not in others, the defendant, while without actual knowledge, may be in position to deny upon information and belief, in…
2Cases cited10 opinions
- Youngs v. . KentNew York Court of Appeals · 1871
- Schleissner v. GoldstickerAppellate Division of the Supreme Court of the State of New York · 1909
- Ryan v. SullivanAppellate Division of the Supreme Court of the State of New York · 1911
- Sprague v. SpragueNew York Supreme Court · 1894
- Brown v. RyckmanNew York Court of Common Pleas · 1856
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3Cited by1 opinion
- Continental Supply Co. v. Syndicate Trust Co.North Dakota Supreme Court · 1924