Edwards v. Lent
New York Supreme Court
The complaint alleges that on the 19th of March 1852, the plaintiffleased to the defendants certain premises in the city of New York, for the term of ten years from the first' day of May; that the defendants agreed to pay the extra insurance on the premises, if the rate should be higher by reason of the defendants using the premises for purposes different from that for which they were used at the time of the execution of the lease; and, if the plaintiff should pay such extra…
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The complaint alleges that on the 19th of March 1852, the plaintiffleased to the defendants certain premises in the city of New York, for the term of ten years from the first' day of May; that the defendants agreed to pay the extra insurance on the premises, if the rate should be higher by reason of the defendants using the premises for purposes different from that for which they were used at the time of the execution of the lease; and, if the plaintiff should pay such extra insurance, that they would refund the same on demand. The complaint further states that the defendants upon taking…
1Opinion of the Court
Harris, Justice.
There are three forms in which a defendant may put in issue the allegations of the complaint. The first is, when the fact alleged is a matter-within the personal knowledge of the defendant. The second is, when the matter alleged is not within the personal knowledge of the defendant, but relying upon his information, he either believes or does not believe the allegation to be true. The third is, when he has no such knowledge or information as will enable him to form a belief, whether the allegation is true or not. These forms of pleading may not be indiscriminately adopted. If…
2Cited by11 opinions
- Knight v. HamakarOregon Supreme Court · 1901
- MacLay v. SandsSupreme Court of the United States · 1877
- Heye v. BollesNew York Court of Common Pleas · 1867
- Howe v. ElwellAppellate Division of the Supreme Court of the State of New York · 1901
- Manny & Co. v. FrenchSupreme Court of Iowa · 1867
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