Chapman v. Palmer
New York Supreme Court
Motion for judgment on account of frivolousness of answer. The action was for goods sold and delivered to the defendants, as partners, by the plaintiff. The complaint set forth three different purchases, amounting in the whole to $162.85, and stated that the defendants had paid $75 on account of such purchases. The balance, amounting to $87.85, with interest, the plaintiff claimed to recover in this action.
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Motion for judgment on account of frivolousness of answer. The action was for goods sold and delivered to the defendants, as partners, by the plaintiff. The complaint set forth three different purchases, amounting in the whole to $162.85, and stated that the defendants had paid $75 on account of such purchases. The balance, amounting to $87.85, with interest, the plaintiff claimed to recover in this action. The defendant Palmer, though served with summons and complaint, did not answer. The defendant Tilton, put in an, answer, stating that “ he had not any knowledge nr information sufficient…
1Opinion of the Court
Harris, Justice.
I have no hesitation in pronouncing this-answer evasive and frivolous. The allegation in the complaint is, that the plaintiff, at different times during the present .year, sold and delivered to the defendants, as partners, certain goods. Whether or not this allegation is true, the defendants may be reasonably supposed to know. One of them, by his failure- to answer, admits that it.is true. The other says, that for the want of any knowledge or information on the subject, he is unable to say whether- it is true or not. As the answer is verified by the oath of the defendant, we…
2Cases cited2 opinions
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3Cited by2 opinions
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