Legal Opinion

Galbraith v. Daily

New York Supreme Court

Decided February 15, 1902Published

Tbial of an issue of law raised by demurrer to the answer that it is insufficient in law on the face thereof.

1Opinion of the Court

Gaynob, J.;

The complaint is to recover on a surety bond by the defendants for defendant Truesdell to the plaintiff’s assignor for the amount received by the said Truesdell for goods alleged by the complaint to have been consigned to him and sold by him as agent of the plaintiff’s assignor.

The answer is of a kind which all too frequently comes from some of our learned profession. It is as follows:

“First: The said defendant admits the third allegation in the said complaint.
“ Second: The said defendant on information and belief has no knowledge of the truth of the facts of the allegations…

2Cases cited2 opinions

  1. Durst v. Brooklyn Heights RailroadNew York Supreme Court · 1900
  2. Burkert v. BennettNew York Supreme Court · 1901

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