Black v. Gibbs

Plaintiff demurs to the first affirmative and complete defense interposed by the defendant Gibbs upon the ground that it is insufficient in law. There can be no doubt that the defense *70attempted to be pleaded is bad. The only question is whether its sufficiency can be tested by demurrer in view of the presence therein of a number of denials of material allegations of the complaint. This vexed question has been decided differently by the Appellate Division in different departments: In Stern v. Marcuse, 119 App. Div. 478, 103 N. Y. Supp. 1026, and Stroock Plush Company v. Talcott, 129 App. Div.…