Continental Securities Co. v. Belmont

The defendants move for an order compelling the plaintiffs to reply to the defense of the six-year statute of limitations set up in the answer. The plaintiffs object that it clearly appears on the face of the complaint that the six-year statute does not apply, and that, if it were applicable, the plaintiffs have affirmatively pleaded facts avoiding it, so that the necessity for reply is obviated. The application is addressed to the discretion of the court, to be exercised, however, along the line indicated in the decisions. Mason v. Henry, 152 N. Y. 529, 46 N. E. 837, citing Baldwin v. Martin…