Macauley v. Bromell & Barkley Printing Co.

The answer, “ upon information and belief, denies each and every allegation of the complaint, except the allegation of the defendant’s incorporation.” The plaintiff moves for judgment upon the ground that the answer is sham and frivolous. The answer is verified by the treasurer of the corporation, and cannot be stricken out as sham (45 N. Y., 281, 468). It is said to be frivolous because a corporation cannot deny an allegation “upon information and belief.” The case of Shearman agt. The New York Central Mills (1 Abb. Pr., 187), decided under the old Code, is relied on by the plaintiff as an…