Livingston v. Hammer
The Superior Court of New York City
This is an appeal by the plaintiff from an order denying a motion, made by him, “for judgment for plaintiff on the ground of the frivolousness of the answer” of the defendant, M. E. Hammer.
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This is an appeal by the plaintiff from an order denying a motion, made by him, “for judgment for plaintiff on the ground of the frivolousness of the answer” of the defendant, M. E. Hammer. The order was made on the 31st of August, 1860, on a notice of motion for that day, dated the 24th of August, 1860. The complaint is on an undertaking executed in an action of claim and delivery of personal property, then pending in this court, in which the present plaintiff was plaintiff, and F. Stoessel and Maria Stoessel were defendants. The undertaking was executed by said Ferdinand and Maria, and by…
1Opinion of the Court
By the Court. Bosworth, Ch. J.
—The appellant’s counsel insists that the answer is frivolous, for the reason that "a defendant cannot be allowed to remain willfully ignorant of what he has the means of knowing, and answer a complaint by stating the absence of knowledge or information sufficient to form a belief as to the truth of its material allegations, when the court can see, upon the face of the complaint, that he has the means of knowing whether they are true or not; that the defendant in this case had only to examine the records of the court, or have the attorney who prepared her answer…
2Cases cited8 opinions
- In re NegusNew York Supreme Court · 1832
- Palmer v. LawrenceThe Superior Court of New York City · 1849
- Wall v. . the Buffalo Water Works CompanyNew York Court of Appeals · 1858
- Ball v. GardnerNew York Supreme Court · 1839
- Burrall v. MooreThe Superior Court of New York City · 1856
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3Cited by7 opinions
- Hemme v. HaysCalifornia Supreme Court · 1880
- Cumins v. Lawrence CountySouth Dakota Supreme Court · 1890
- Letson v. DodgeNew York Supreme Court · 1871
- Clark v. DillonNew York Court of Common Pleas · 1882
- Wakelee v. DavisU.S. Circuit Court for the District of Southern New York · 1892
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