Smith v. Metropolitan Life Insurance

This court, by order dated November 7, 1912, ordered judgment on the pleadings herein in favor of the defendant unless the plaintiff should within a time limited by the order serve a verified reply to the affirmative allegations and defenses set up in defendant’s answer. The court was warranted in so .doing, an authority in point being Rogers v. M. R. F. Life Association, 1 How. Pr. (N. S.) 194, decided by Mr. Justice Bartlett at Kings County Special Term in 1885; but even though there were doubt as to the necessity for a reply on the ground that plaintiff would have to prove performance of…