Boston Woven Hose & Rubber Co. v. Jackson
Appellate Terms of the Supreme Court of New York
Appeal from a judgment rendered in favor of the plaintiff in the Municipal Court of the city of Hew York, borough of Manhattan, first district.
1Per curiam
If the defendants had put in issue the first, third and sixth paragraphs of the complaint, there would be considerable force in their contention that there was a failure of proof which called for a dismissal of the case. It is true that as to these allegations they have denied any knowledge or information sufficient to form a belief, but while such a plea is good in a court of record, it is unauthorized in an action brought in the Municipal Court. Lambert v. Hoffman, 20 Misc. Rep. 331. The allegations in question must, therefore, stand as admitted. Under these circumstances there was enough…
2Cases cited2 opinions
- Lambert v. HoffmanAppellate Terms of the Supreme Court of New York · 1897
- Platt v. McMurrayNew York Supreme Court · 1882
3Cited by2 opinions
- Sykes v. BeckNorth Dakota Supreme Court · 1903
- Alexander v. City of AlbanyAppellate Division of the Supreme Court of the State of New York · 1900