South Dakota v. McChesney
New York Supreme Court
Appeal from special term; New York county. Action by the state of South Dakota against John T. McChesney, William W. Taylor, and others on the official bond of defendant Taylor as treasurer of said state of South Dakota. From an order denying a motion to strike out from the affirmative defenses in the answer of defendant McChesney certain specific denials as redundant, plaintiff appeals.
1Per curiam
This action was begun February 11, 1895, to recover on a bond executed by the defendant as surety for William W. Taylor, the treasurer of the plaintiff. It is alleged that the treasurer is a defaulter to the state in a sum exceeding the penalty of the bond. The answer does not contain a general denial,—a denial of all the allegations in the complaint,—but there are several specific denials set forth in the first defense. In all the other défenses, 2 to 8, inclusive, new matter is set up as defenses; and in all of them the following words appear, which the plaintiff moves to strike out:…
2Cited by14 opinions
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