Dumar v. Witherbee, Sherman & Co.
Appellate Division of the Supreme Court of the State of New York
Appeal from Special Term, Montgomery County. Action by Josephine Dumar, administratrix of Moses Dumar, deceased, against Witherbee, Sherman & Co. From an order requiring amendment of the complaint, plaintiff appeals. Reversed.
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Appeal from Special Term, Montgomery County. Action by Josephine Dumar, administratrix of Moses Dumar, deceased, against Witherbee, Sherman & Co. From an order requiring amendment of the complaint, plaintiff appeals. Reversed. Appeal by the plaintiff from an order of the Montgomery Special Term dated the 27th day of June, 1903, and entered in the office of the clerk of said county on the 29th day of June, 1903, directing the plaintiff to serve an amended complaint setting forth the particulars in said order stated. This action is brought to recover damages, alleging that the defendant, by its…
1Opinion of the CourtChase, J.
A plaintiff, in his complaint, must make “a plain and concise statement the defendant, in his answer, in addition to “a general or specific denial,” can insert new matter constituting a defense or counterclaim “in ordinary and concise language”; and the plaintiff, in his reply, in addition to denials relating to the counterclaim, can insert “in ordinary and concise language” new matter constituting a defense to the counterclaim, if not inconsistent with the complaint. It thus seems to be the purpose of the statute to make the pleadings “concise.” 'If the claims of the parties are not set…
2Cases cited8 opinions
- Tilton v. . BeecherNew York Court of Appeals · 1874
- Jackman v. LordNew York Supreme Court · 1890
- Rouget v. HaightNew York Supreme Court · 1890
- First Presbyterian Church v. KennedyAppellate Division of the Supreme Court of the State of New York · 1902
- Bennett v. LawrenceAppellate Division of the Supreme Court of the State of New York · 1902
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3Cited by1 opinion
- Gould v. McLaughlinNew York Supreme Court · 1908