Eells v. Dumary
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, T, Henry Dnrnary, from a final judg, ment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Greene on the 15th day of August, 1902, pursuant to an interlocutory judgment entered in said clerk’s office on the '5th day of July, 1902, upon the decision of the court, rendered after a trial at the Albany Special Term, sustaining the plaintiff’s demurrer to the defendant’s answer, and also from said…
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Appeal by the defendant, T, Henry Dnrnary, from a final judg, ment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Greene on the 15th day of August, 1902, pursuant to an interlocutory judgment entered in said clerk’s office on the '5th day of July, 1902, upon the decision of the court, rendered after a trial at the Albany Special Term, sustaining the plaintiff’s demurrer to the defendant’s answer, and also from said interlocutory judgment. The facts are stated in the dissenting opinion herein. The corporation of which the plaintiff is the…
1Opinion of the Court
Chase, J. :. The demurrer should be sustained. Title 1 of chapter 6 of the Code of Civil Procedure plainly prescribes what shall be contained in the pleadings. An answer must contain, first, a general or specific denial of each material allegation of the complaint controverted by the defendant, and, second, a statement of any new matter constituting a defense or counterclaim. The orderly way of arrang, ing an answer is to have it start with admissions and follow with denials, defenses, either partial or complete, consisting of new matter, and then with a counterclaim or counterclaims, if any.
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2Cases cited9 opinions
- Douglass v. Phenix InsuranceNew York Court of Appeals · 1893
- Staten Island Midland Railroad v. HinchliffeNew York Court of Appeals · 1902
- Stieffel v. TolhurstAppellate Division of the Supreme Court of the State of New York · 1900
- Douglas v. . CoonleyNew York Court of Appeals · 1898
- Delaney v. MillerNew York Supreme Court · 1895
4 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Mendelson v. MarguliesAppellate Division of the Supreme Court of the State of New York · 1913
- Outcault v. BonheurAppellate Division of the Supreme Court of the State of New York · 1907
- Streeter v. CloudAppellate Division of the Supreme Court of the State of New York · 1916
- Blumenfeld v. StineNew York Supreme Court · 1904
- Cunningham v. PlattNew York Supreme Court · 1913
4 more not listed; retrieve them via the Exa API.