Electrical Accessories Co. v. . Mittenthal
New York Court of Appeals
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered October 16, 1908, which affirmed an order of Special Term granting a motion to strike out the answer of the appellant herein as frivolous and directing judgment for plaintiff.
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Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered October 16, 1908, which affirmed an order of Special Term granting a motion to strike out the answer of the appellant herein as frivolous and directing judgment for plaintiff. The following question was certified : “ Does the answer of the defendant Samuel S. Mittenthal sufficiently deny the allegation of sales contained in the plaintiff’s complaint to tender the issue thereon ? ” The nature of the action and the facts, so far as material, are stated in the opinion.…
1Opinion of the CourtHiscock, J.
The answer of the appellants, consisting of denials, seems to have been stricken out as* frivolous at the Special Term upon one or perhaps both of two theories. One of these was that the denials relied on were subject to the vice of being or containing a negative pregnant, and the other one was that the allegations of the complaint which the answer purported to deny were not material to respondent’s recovery, and that, therefore, no sufficient issue was raised.
We think that the order appealed from cannot be sustained on either theory, and must be reversed.
The respondent brought his action to…
2Cases cited2 opinions
- Stuber v. . McEnteeNew York Court of Appeals · 1894
- Wall v. . the Buffalo Water Works CompanyNew York Court of Appeals · 1858
3Cited by4 opinions
- American S. R. Co. v. Swisshelm Etc. Co.Arizona Supreme Court · 1945
- Curran v. ArpAppellate Division of the Supreme Court of the State of New York · 1910
- Electrical Accessaries Co. v. MittenthalAppellate Division of the Supreme Court of the State of New York · 1911
- Dwyer v. Corrugated Paper Products Co.Appellate Terms of the Supreme Court of New York · 1913