Eells v. Dumary
Appellate Division of the Supreme Court of the State of New York
Appeal from Special Term, Greene County. Action by Howard P. Eells, as receiver of the Eastern Paving Brick Company, against T. Henry Dumary. From an order sustaining plaintiff’s demurrer to the fifth paragraph of the defendant’s answer, defendant appeals.
1Opinion of the CourtChase, J.
The demurrer should be sustained. Title I of chapter 6 of the Code of Civil Procedure plainly prescribes what shall be contained in the pleadings. An answer must contain, first, a general or specific denial of each material allegation of the complaint controverted by the defendant; and, second, a statement of any new matter constituting a defense or counterclaim. The orderly way of arranging an answer is to have it start with admissions and follow with denials, defenses, either partial or complete, consisting of new matter, and then with a counterclaim or counterclaims, if any. While a denial…
2Cases cited12 opinions
- Douglass v. Phenix InsuranceNew York Court of Appeals · 1893
- Staten Island Midland Railroad v. HinchliffeNew York Court of Appeals · 1902
- Stieffel v. TolhurstAppellate Division of the Supreme Court of the State of New York · 1900
- Douglas v. . CoonleyNew York Court of Appeals · 1898
- Delaney v. MillerNew York Supreme Court · 1895
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3Cited by1 opinion
- Salomon v. GleichenhausAppellate Terms of the Supreme Court of New York · 1911