Mier v. Cartledge
New York Supreme Court
To a complaint on two drafts accepted by the defendants, one of the defendants pleaded that he denied that they accepted the drafts, and verified his answer, as required by the amended code. A motion was made at special term to strike out the answer as false, on affidavits showing that the defendants had in several letters to the plaintiff acknowledged their acceptance and liability; and had to an agent of the plaintiff repeatedly promised to pay the drafts.
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To a complaint on two drafts accepted by the defendants, one of the defendants pleaded that he denied that they accepted the drafts, and verified his answer, as required by the amended code. A motion was made at special term to strike out the answer as false, on affidavits showing that the defendants had in several letters to the plaintiff acknowledged their acceptance and liability; and had to an agent of the plaintiff repeatedly promised to pay the drafts. To this motion the defendant made no other reply or objection than that his answer amounted to the general issue, and was verified, and…
1Opinion of the Court
By the Court, Edmonds, P. J.
The power of the court to strike out a plea as false is not derived from the code; nor is it regulated or touched by it. It is a power which has been exercised for good reasons, as mentioned by the court in the case of Broome Co. Bank v. Lewis, (18 Wend. 565.) It never was applied to the general issue; because under the former practice a defendant had a right, always, to put the plaintiff to the proof of his demand, whether he had any pretence for doing so or not, and that was done by pleading the general issue. If, how*76ever, the defendant did not put him to his…
2Cited by14 opinions
- The People v. . McCumberNew York Court of Appeals · 1858
- Caswell v. BushnellNew York Supreme Court · 1852
- Reed v. LatsonNew York Supreme Court · 1853
- Nichols v. JonesNew York Supreme Court · 1852
- Butterfield v. MacomberNew York Supreme Court · 1861
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