Giles Lithographic & Liberty Printing Co. v. Recamier Manufacturing Co.
New York Court of Common Pleas
Appeal from a judgment of the General Term of the City Court of New York affirming a judgment of that court entered upon an order made at a trial striking out an answer as frivolous. The facts are stated in the opinion.
1Opinion of the Court
Van Hoesen, J. —
Though the answer is drawn in a very slovenly manner, it must be liberally construed (Code Civ. Pro. § 519), and, because of the failure of the plaintiff to attack it before the trial had begun, it will be supported to the fullest extent permitted by the law (St. John v. Northrup, 23 Barb. 26; Wall v. Buffalo Water Works Co., 18 N. Y. 119). It was at one time held by the Court of Appeals (Smith v. Countryman, 30 N. Y. 665), that at the trial of an action it was not proper to grant a motion for judgment on the pleadings, and though a different view now prevails (Schuyler v.…
2Cases cited8 opinions
- Schuyler v. . SmithNew York Court of Appeals · 1873
- Wells v. LaneCourt for the Trial of Impeachments and Correction of Errors · 1835
- Bunge v. . KoopNew York Court of Appeals · 1872
- Bowles v. . HabermannNew York Court of Appeals · 1884
- Wall v. . the Buffalo Water Works CompanyNew York Court of Appeals · 1858
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3Cited by2 opinions
- Eppley v. . KennedyNew York Court of Appeals · 1910
- Harman v. YeagerUtah Supreme Court · 1941