McMoran v. Lange
Appellate Division of the Supreme Court of the State of New York
■ Appeal by the defendant Margaret J. Lange from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Saratoga, on the 4th day of November, 1897, upon an order made at the Saratoga Special Term and'entered in the office of the clerk of the county of Saratoga on the 21st day of October, 1897, granting a motion of the plaintiff for judgment upon the ground that the defendant’s answer was frivolous, and directing that…
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■ Appeal by the defendant Margaret J. Lange from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Saratoga, on the 4th day of November, 1897, upon an order made at the Saratoga Special Term and'entered in the office of the clerk of the county of Saratoga on the 21st day of October, 1897, granting a motion of the plaintiff for judgment upon the ground that the defendant’s answer was frivolous, and directing that plaintiff have judgment as prayed for in the complaint, with notice of an intention to bring up for review upon such '…
1Opinion of the Court
Merwin, J.:
The defendant, in opposing the motion for judgment on account of the frivolousness of the answer, had a right to ■ attack the complaint. (Van Alstyne v. Freday, 41 N. Y. 174; Wilkin v. Raplee, 52 id. 248, 251.) The complaint, according to numerous decisions (Edison General Electric Co. v. Zebley, 72 Hun, 166 ; McPhillips v. Jones, 73 id. 516 ; Woodruff v. Leonard, 1 id. 632; Draper v. The Chase Manfg. Co., 2 Abb. N. C. 79), was fatally defective, unless, as claimed by the plaintiff, the defect was obviated by the provisions of section 114 of the Negotiable Instruments Law (Chap.…
2Cases cited3 opinions
- Van Alstyne v. . FredayNew York Court of Appeals · 1869
- Draper v. Chase Manufacturing Co.New York Supreme Court · 1877
- Edison General Electric Co. v. ZebleyNew York Supreme Court · 1893
3Cited by6 opinions
- Haddock, Blanchard Co. v. . HaddockNew York Court of Appeals · 1908
- Mercantile Bank of Memphis v. BusbyTennessee Supreme Court · 1908
- Corn v. LevyAppellate Division of the Supreme Court of the State of New York · 1904
- Kidd v. BeckleyWest Virginia Supreme Court · 1908
- Maccarone v. HayesAppellate Division of the Supreme Court of the State of New York · 1903
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