Frey v. Sylvester

This action is brought to recover the sum of $526.12, claimed to be due from defendant to plaintiff for beer sold by the latter and his assignor. ■

The answer served does not deny the indebtedness or any allegations of the complaint. In fact, it expressly admits> the accruing of a large portion at least of the indebtedness. It does not, therefore, come within the rule which prohibits striking out as sham, an answer which by general or specific denials of allegations in the complaint raises issues to be tried. Robert Gere Bank v. Inman, 51 Hun, 97.

It, upon the other hand, sets up what purport…