Streeter v. Cloud
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Agnes D. Cloud, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 18th day of December, 1915, overruling a demurrer to a separate defense contained in the plaintiff’s reply.
1Dissent
Davis, J. (dissenting):
I dissent for the following reasons: The reply here contains general denials of the defendant’s counterclaim. The 4th paragraph of the reply, which by some is thought to be an attempt to set up a separate defense to the first counterclaim of the defendant, does not contain a single allegation of defense to the counterclaim. In reality, it is merely something added on to the denials, and the fact alleged in that paragraph could well be proved under the general denials. In substance, the plaintiff denies the counterclaim and then unnecessarily adds the 4th paragraph of…
2Cases cited3 opinions
- Eidlitz v. RothschildNew York Supreme Court · 1895
- William H. Frank Brewing Co. v. HammersenAppellate Division of the Supreme Court of the State of New York · 1897
- New Jersey Steel & Iron Co. v. RobinsonAppellate Division of the Supreme Court of the State of New York · 1901