Conklin v. Vandervoort
New York Supreme Court
Motion to strike out the defendant’s answer as false. The action is upon a note and an account for goods sold" and delivered. The defendant, by his answer, denies each and every allegation in the complaint, and then, for a further answer, alleges that the plaintiffs, at the time of the sale of the goods promised the defendant that the goods, &c. were of a good quality, and not injured; whereas they were of a poor quality and injured and of no value to the defendant.
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Motion to strike out the defendant’s answer as false. The action is upon a note and an account for goods sold" and delivered. The defendant, by his answer, denies each and every allegation in the complaint, and then, for a further answer, alleges that the plaintiffs, at the time of the sale of the goods promised the defendant that the goods, &c. were of a good quality, and not injured; whereas they were of a poor quality and injured and of no value to the defendant. The pleadings were not verified. Affidavits of the plaintiffs and letters of the defendant, were read upon the motion. No papers…
1Opinion of the Court
Marvin, Justice.
The papers read upon this motion arc abundantly satisfactory to show that the defendant -has no defence, and the question is, can the answer be struck out upon the ground that it is false? Prior to the Code the practice of striking out sliam special pleas, was well settled; but this did not extend to the general issue simply (see Gra. Pr. 250; Brewster vs. Bostwick, 6 Cow. 34; Wood vs. Sutton, 12 Wend. 235, 223, 197; Broome Co. Bank vs. Lewis, 17 Wend. 565).
It is insisted by the defendant, “ that an answer now which simply denies the allegations in the complaint can not be…
2Cases cited1 opinion
- Brewster v. HallNew York Supreme Court · 1826
3Cited by2 opinions
- People v. McCumberNew York Supreme Court · 1858
- People v. McCumberNew York Supreme Court · 1858